GEORGE CASTRO
v.
BANK OF AMERICA, N.A.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A complaint may be dismissed based on the statute of limitations appearing on the face of the complaint without examining matters outside the pleading.
[1] A complaint may be dismissed under Rule 1.140(b)(1), Fla. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceGeorge Castro filed a complaint against Bank of America and Nationstar Mortgage. The circuit court dismissed the complaint with prejudice on multiple …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Four Corners Of The Complaint cases and more on FLexlaw
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey R. Levenson, Judge; L.T. Case No. CACE22008935. Joseph Brien of The People’s Advocate, PLLC, Hallandale Beach, for appellant. Adam J. Wick of Liebler Gonzalez & Portuondo, Miami, for appellee Bank of America, N.A. Albert A. Zakarian of Troutman Pepper Hamilton Sanders LLP, Atlanta, GA, for appellee Nationstar Mortgage, LLC d/b/a Mr. Cooper. PER CURIAM.
George Castro appeals the circuit court’s order dismissing his complaint with prejudice. The circuit court relied on multiple grounds when it dismissed the complaint. We agree with Castro that the circuit court ventured outside the four corners of the complaint when it dismissed the complaint on certain of those grounds. But the circuit court did not need to look outside the four corners of the complaint when it dismissed based on the statute of limitations. Because it was evident from the face of the complaint that the statute of limitations had run, the circuit court properly dismissed the complaint.
Affirmed. WARNER, CIKLIN and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.