Stucchio v. Huffstetler, 96-2655
| Decision Date | 04 April 1997 |
| Docket Number | No. 96-2655,96-2655 |
| Citation | 690 So.2d 753 |
| Parties | 22 Fla. L. Weekly D876 Donna STUCCHIO, Appellant, v. Leslie R. HUFFSTETLER, Jr., Appellee. |
| Court | Florida District Court of Appeals |
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.
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Stucchio v. Huffstetler, 97-2810
...complaint in granting the dismissal. Inherent in this decision is that the complaint stated a cause of action. See Stucchio v. Huffstetler, 690 So.2d 753 (Fla. 5th DCA 1997). Promptly on remand, Huffstetler moved for summary judgment on Counts I and III of the complaint. There is no answer ......
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Nutriband, Inc. v. Advanced Health Brands, Inc.
...strictly confined to the allegations contained within the four corners of the complaint and its attachments."); Stucchio v. Huffstetler, 690 So. 2d 753, 754 (Fla. 5th DCA 1997) (explaining that defenses to an action may not be considered in deciding a motion to ...