Mapoles v. Mapoles ex rel. Mapoles

MILLS, Judge.

By interlocutory appeal, the defendants seek review of the trial court’s order granting plaintiffs’ motion for summary judgment as to liability in a negligence action seeking damages for injuries caused by a dog.

Although the amended complaint charges Cam Mapoles with negligence only, both parties to this appeal urge us to determine whether, under the facts of this case, Section 767.01, Florida Statutes, makes Cam absolutely liable for the actions of her dog. We cannot do this, because this issue was not raised by the pleadings. Therefore, this issue was not legally presentable to…