Hayward & Associates, Inc. v. Hoffman
District Court of Appeal of Florida
1Opinion of the Court
BLUE, Chief Judge.
Hayward & Associates, Inc., appeals a trial court order that dismissed with prejudice its lawsuit against Dexter Hoffman, Noel Evans, and the law firm of Evans & Donica, P.A. The trial court dismissed the lawsuit on the grounds of res judicata. As Hayward correctly argues, the trial court erred by going outside the four corners of the complaint to consider this affirmative defense. Accordingly, we reverse. See Bolz v. State Farm Mut. Auto. Ins. Co., 679 So.2d 836, 837 (Fla. 2d DCA 1996).
The Appellees ask this court to affirm on the alternative ground that Hayward is trying…
2Cases cited2 opinions
- Bolz v. State Farm Mutual Automobile Insurance Co.District Court of Appeal of Florida · 1996
- Abichandani v. Related Homes of Tampa, Inc.District Court of Appeal of Florida · 1997
3Cited by2 opinions
- Royal v. HarnageDistrict Court of Appeal of Florida · 2002
- Stetson v. Extendicare, Inc.District Court of Appeal of Florida · 2003