Summary
explaining that defenses to an action may not be considered in deciding a motion to dismiss
Summary of this case from Nutriband, Inc. v. Advanced Health Brands, Inc.Opinion
Case No. 96-2655
Opinion Filed April 4, 1997
Appeal from the Circuit Court for Hernando County, Hale R. Stancil, Judge.
Yveline F. Paul of Paul Associates, P.A., Tampa, for Appellant.
Leslie R. Huffstetler, Jr., Spring Hill, pro se.
Donna Stucchio appeals the order dismissing Counts I and III of her third amended complaint with prejudice. She contends, correctly, that the court impermissibly considered matters outside the four corners of the complaint in deciding the motion to dismiss. See Cazares v. Church of Scientology of California, Inc., 444 So.2d 442 (Fla. 5th DCA 1983). Further, defenses to the action may not be considered in deciding a motion to dismiss. Pizzi v. Central Bank Trust Co., 250 So.2d 895 (Fla. 1971). Thus, while the ruling may ultimately prove correct, it was error to decide the merits of the case on a dismissal motion.
REVERSED and REMANDED for further proceedings.
DAUKSCH and SHARP, W., JJ., concur.