Chatham Manufacturing, Corp. v. Cates

District Court of Appeal of Florida

Chatham Manufacturing, Corp. v. Cates

969 So. 2d 515, 2007 Fla. App. LEXIS 18437, 2007 WL 4105488

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 2007

DocketNo. 1D06-6057

StatusPublished

Cited by2 cases

This text of 969 So. 2d 515 (Chatham Manufacturing, Corp. v. Cates) 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.

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Chatham Manufacturing, Corp. v. Cates, 969 So. 2d 515, 2007 Fla. App. LEXIS 18437, 2007 WL 4105488 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Chatham Manufacturing Corp. seeks review of a final order dismissing with prejudice its complaint against Christopher U. Cates, appellee, by which Chatham sought to obtain information pursuant to section 608.4101, Florida Statutes (2005), concerning the business affairs of CCH Associates, LLC, a Florida limited liability company in which Chatham and Cates were allegedly members; and sought damages for Cates’ alleged breach of the duty of care to CCH and its members pursuant to section 608.4225, Florida Statutes (2005). Because it is apparent from the record that, in granting Cates’ motion to dismiss, the trial court relied upon matters raised in the motion, but not contained within the four corners of the complaint, we reverse. See Varnes v. Dawkins, 624 So.2d 349 (Fla. 1st DCA 1993)(“In determining the sufficiency of the complaint, the trial court may not look beyond the four corners of the complaint, consider any affirmative defenses raised by the defendant, nor consider any evidence likely to be produced by either side.”).

REVERSED and REMANDED for further proceedings consistent with this opinion.

ALLEN, WEBSTER, and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Chatham Manufacturing Corp. seeks review of a final order dismissing with prejudice its complaint against Christopher U. Cates, appellee, by which Chatham sought to obtain information pursuant to section 608.4101, Florida Statutes (2005), concerning the business affairs of CCH Associates, LLC, a Florida limited liability company in which Chatham and Cates were allegedly members; and sought damages for Cates’ alleged breach of the duty of care to CCH and its members pursuant to section 608.4225, Florida Statutes (2005). Because it is apparent from the record that, in granting Cates’ motion to dismiss, the trial court relied upon matters raised in the motion, but not contained within the four corners of the complaint, we reverse. See Varnes v. Dawkins, 624 So.2d 349 (Fla. 1st DCA 1993)(“In determining the sufficiency of the complaint, the trial court may not look beyond the four corners of the complaint, consider any affirmative defenses raised by the defendant, nor consider any evidence likely to be produced by either side.”).

REVERSED and REMANDED for further proceedings consistent with this opinion.

ALLEN, WEBSTER, and VAN NORTWICK, JJ., concur.

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969 So. 2d 515, 2007 Fla. App. LEXIS 18437, 2007 WL 4105488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chatham-manufacturing-corp-v-cates-fladistctapp-2007.

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