BEACH ROUNDHOUSE TOWN CORP., AND JENJAYJON CORP., APPELLANTS,
v.
WILLIAM SKINNER, APPELLEE
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PER CURIAM.
By this appeal, we are asked to review a final order dismissing two counts of amended complaint brought by the corporate plaintiffs herein Beach Roundhouse Town Corp. and Jenjayjon Corp. against the defendant William Skinner before the Circuit Court for the Eleventh Judicial Circuit of Florida. It is urged that these counts were properly dismissed because the said corporations had no authority from their respective boards of directors or corporate officers to bring this suit. This may very well be true, but there is nothing within the four corners of the complaint which alleges such a fact. Therefore, the said counts in the complaint which otherwise state good causes of action were improperly dismissed. Flye v. Jeffords, 106 So. 2d 229 (Fla. 1st DCA 1958); Stone v. Stone, 97 So. 2d 352 (Fla. 3d DCA 1957); Section 607.011(1)(b), Florida Statutes (1975).
The order appealed from is reversed and the cause remanded for further proceedings.
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Rolle v. Cold Stone Creamery, Inc., 212 So. 3d 1073 (Fla. 3d DCA 2017)…phone, REDACTED, as time is of the essence. Because the counts in the First Amended Complaint otherwise state valid causes of actions,4 we find that the trial court improperly dismissed Rolle’s pleading. See Beach Roundhouse Town Corp. v. Skinner, 356 So. 2d 881 (Fla. 3d DCA 1978) (reversing dismissal by trial court when four corners of complaint did not support defense that corporations had no authority from board of directors or corporate officers to bring suit). We, therefore, remand for the trial court…
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Pac. Ins. Co., Ltd. v. George Botelho, D.O., 891 So. 2d 587 (Fla. 3d DCA 2004)…1 (Fla. 4th DCA 2002). Further, a motion to dismiss cannot be granted based on an affirmative defense unless the defense appears upon the face of a pleading. Ramos v. Mast, 789 So. 2d 1226 (Fla. 4th DCA 2001); Beach Roundhouse Town Corp. v. Skinner, 356 So. 2d 881 (Fla. 3d DCA 1978). In the instant case, the Release signed by the Ziesenheims was not attached to either the complaint or amended complaint. As such, the trial court erred by relying on the copy of the Release when ruling on the Motion to Dismiss.…
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Patriotcom, Inc. v. Vega, 821 So. 2d 1261 (Fla. 4th DCA 2002)…Here, the motion to dismiss asserted a defense, lack of authority to bring the action, that had not been pled, did not appear on the face of the complaint, and was contrary to the complaint’s allegations. See Beach Roundhouse Town Corp. v. Skinner, 356 So. 2d 881, 881-82 (Fla. 3d DCA 1978). Reversed. WARNER, GROSS and HAZOURI, JJ., concur.…
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- Stone v. Stone, 97 So. 2d 352 (Fla. 3d DCA 1957)
- Flye v. Mrs. D. D. Jeffords, 106 So. 2d 229 (Fla. 1st DCA 1958)