ALS Maxim, LLC v. Innocent

District Court of Appeal of Florida

ALS Maxim, LLC v. Innocent

195 So. 3d 421, 2016 Fla. App. LEXIS 11101, 2016 WL 3913577

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 2016

DocketNo. 4D15-1610

StatusPublished

This text of 195 So. 3d 421 (ALS Maxim, LLC v. Innocent) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

ALS Maxim, LLC v. Innocent, 195 So. 3d 421, 2016 Fla. App. LEXIS 11101, 2016 WL 3913577 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

We reverse the order dismissing the foreclosure complaint, entered on appel-lee’s motion to dismiss. The rationale for granting the motion was that the affirmative defense of res judicata barred the complaint. Res judicata is an affirmative defense that ordinarily must be pleaded “in an answer or similar pleading.” Palmer v. McCallion, 645 So.2d 131, 133 (Fla. 4th DCA 1994); see also Fla. R. Civ. P. 1.110(d). “If the face of the complaint contains allegations which demonstrate the existence of an affirmative defense, then such a defense may be considered on a motion to dismiss.” Papa John’s Int’l, Inc. v. Cosentino, 916 So.2d 977, 983 (Fla. 4th DCA 2005). The complaint in this case does not facially demonstrate the application of that affirmative defense, so dismissal on that basis was not proper.

GROSS, MAY and KLINGENSMITH, JJ., concur.

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PER CURIAM.

We reverse the order dismissing the foreclosure complaint, entered on appel-lee’s motion to dismiss. The rationale for granting the motion was that the affirmative defense of res judicata barred the complaint. Res judicata is an affirmative defense that ordinarily must be pleaded “in an answer or similar pleading.” Palmer v. McCallion, 645 So.2d 131, 133 (Fla. 4th DCA 1994); see also Fla. R. Civ. P. 1.110(d). “If the face of the complaint contains allegations which demonstrate the existence of an affirmative defense, then such a defense may be considered on a motion to dismiss.” Papa John’s Int’l, Inc. v. Cosentino, 916 So.2d 977, 983 (Fla. 4th DCA 2005). The complaint in this case does not facially demonstrate the application of that affirmative defense, so dismissal on that basis was not proper.

GROSS, MAY and KLINGENSMITH, JJ., concur.

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Bluebook (online)

195 So. 3d 421, 2016 Fla. App. LEXIS 11101, 2016 WL 3913577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/als-maxim-llc-v-innocent-fladistctapp-2016.

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