CLEVELAND WELLNESS MEDICAL, LLC A/A/O ROBENSON NERIEDE
v.
DIRECT GENERAL INSURANCE COMPANY
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A trial court commits procedural error when it relies on a judgment from a separate case that was not attached to or incorporated by reference in the complaint to grant a motion to dismiss.
[1] On review of a motion to dismiss, a trial court must confine its consideration to the allegations within the complaint and may not rely on documents from separate cases u…
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Join FLexlaw to unlock all legal intelligence“When considering a motion to dismiss a complaint, trial courts are confined to the allegations contained within the four corners of the complaint and must accept all well-pled allegations as true.”
Court's statement of applicable law regarding standard of review for motions to dismiss
Cleveland Wellness Medical, LLC filed a complaint against Direct General Insurance Company. The trial court granted Direct General's amended motion to…
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HARRIS, J.
Cleveland Wellness Medical, LLC a/a/o Robenson Neriede (“Cleveland Wellness”) appeals the trial court’s order granting Direct General Insurance Company’s amended motion to dismiss the complaint with prejudice. Cleveland Wellness argues in part that the trial court violated procedural rules by relying on a default judgment from a separate case to grant the dismissal. We agree.
When considering a motion to dismiss a complaint, trial courts are confined to the allegations contained within the four corners of the complaint and must accept all well-pled allegations as true. Deutsche Bank Nat’l Tr. Co. v. Lippi, 78 So. 3d 81, 94 (Fla. 5th DCA 2012). Therefore, the trial court’s reliance on a judgment from a separate case that was not attached to Cleveland Wellness’s complaint or incorporated by reference was error. See KC Quality Care, LLC v. Direct Gen. Ins. Co., 47 Fla. L. Weekly D1615 (Fla. 5th DCA July 29, 2022). We reverse and remand for further proceedings. REVERSED and REMANDED.
WALLIS and SASSO, JJ., concur.
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Citator
Cited By
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K.C. Quality Care, LLC v. Direct Gen. Ins. Co., 357 So. 3d 181 (Fla. 5th DCA 2022)
Authorities Cited
- Deutsche Bank Nat'l Tr. Co. v. Lippi, 78 So. 3d 81 (Fla. 5th DCA 2012)
- K.C. Quality Care, LLC v. Direct Gen. Ins. Co., 357 So. 3d 181 (Fla. 5th DCA 2022)