CLEVELAND WELLNESS MEDICAL, LLC A/A/O ROBENSON NERIEDE vs DIRECT GENERAL INSURANCE COMPANY

• Court: District Court of Appeal of Florida
• Decided: September 9, 2022
• Docket: 21-2623
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CLEVELAND WELLNESS MEDICAL, LLC A/A/O ROBENSON NERIEDE,

Appellants,

v. Case No. 5D21-2623 LT Case No. 2020-SC-054442-O

DIRECT GENERAL INSURANCE COMPANY,

Appellee.

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Opinion filed September 9, 2022

Appeal from the County Court for Orange County, Carly S. Wish, Judge.

Chad A. Barr, of Chad Barr Law, Altamonte Springs, for Appellant.

William J. McFarlane, III, and Michael K. Mittelmark, of McFarlane Law, Coral Springs, for Appellee.

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.