TRINITY FINANCIAL SERVICES, LLC
v.
FERNANDO BLANCO
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Trinity Financial Services' intervenor complaint challenging a title judgment was improperly dismissed on a motion for judgment on the pleadings because the trial court relied on affirmative defense facts not contained in the complaint itself.
A trial court cannot grant a motion for judgment on the pleadings by relying on facts asserted as affirmative defenses that are not contained within the complaint being challenged.
[1] A motion for judgment on the pleadings must be decided solely on the basis of well-pleaded facts in the complaint and cannot be granted based on affirmative defenses asse…
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Join FLexlaw to unlock all legal intelligence“a trial court must accept all well-pled facts and inferences as true when considering a motion for judgment on the pleadings and must not rely on the moving party's answer, reply, or defenses”
Explaining the proper standard for evaluating a motion for judgment on the pleadings, citing Domres v. Perrigan
Trinity Financial Services filed an intervenor complaint alleging a final judgment quieting title was void due to defects in service. The trial court …
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PER CURIAM.
Appellant Trinity Financial Services, LLC filed an intervenor complaint alleging that a final judgment quieting title was void as a matter of law due to defects in service. Appellee moved for judgment on the pleadings based on his status as a bona fide purchaser. The trial court granted the motion and entered a final judgment in favor of the Appellee. However, Appellee has commendably stipulated that the trial court could not have determined whether Appellee was a bona fide purchaser without traveling outside the four corners of the intervenor complaint because the facts regarding bona fide purchaser status were asserted as an affirmative defense and were not contained within the impleader complaint. Appellee therefore consents to entry of an order vacating the final judgment and vacating the order granting
Appellee’s motion for judgment on the pleadings, and remanding this matter to the trial court for further proceedings. See Domres v. Perrigan, 760 So. 2d
1028, 1029 (Fla. 5th DCA 2000) (explaining that a trial court must accept all well-pled facts and inferences as true when considering a motion for judgment on the pleadings and must not rely on the moving party’s answer,
reply, or defenses).
Reversed and remanded.
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