Legal Opinion

Patriotcom, Inc. v. Vega

District Court of Appeal of Florida

Decided July 31, 2002No. 4D01-3688PublishedCited by 3 opinions

1Per curiam

We reverse the order of dismissal because the trial court went beyond the four corners of the complaint in determining the motion to dismiss. In particular, the trial court considered corporate documents not attached to the complaint and an improperly raised affirmative defense in ap-pellee’s motion to dismiss. It is well settled that it is error for a court to grant a dismissal based upon factual evidence not contained in, and contradictory to, the complaint’s allegations. See Barbado v. Green & Murphy, P.A., 758 So.2d 1173, 1174 (Fla. 4th DCA 2000). It is also well settled that an…

2Cases cited3 opinions

  1. Barbado v. GREEN & MURPHY, PADistrict Court of Appeal of Florida · 2000
  2. Ramos v. MastDistrict Court of Appeal of Florida · 2001
  3. Beach Roundhouse Town Corp. v. SkinnerDistrict Court of Appeal of Florida · 1978

3Cited by3 opinions

  1. Pacific Ins. Co., Ltd. v. BotelhoDistrict Court of Appeal of Florida · 2004
  2. Dr. Scott J. Swerdlin v. Florida Municipal Insurance TrustDistrict Court of Appeal of Florida · 2014
  3. Subic Bay v. JV ChinaDistrict Court of Appeal of Florida · 2018

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