Department of Transportation v. City of Miami

District Court of Appeal of Florida

Department of Transportation v. City of Miami

417 So. 2d 1092, 1982 Fla. App. LEXIS 20894

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 1982

DocketNos. 81-2224, 81-2754

StatusPublished

This text of 417 So. 2d 1092 (Department of Transportation v. City of Miami) 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

Department of Transportation v. City of Miami, 417 So. 2d 1092, 1982 Fla. App. LEXIS 20894 (Fla. Ct. App. 1982).

Pincite

Opinion

BASKIN, Judge.

We reverse the final judgment entered by the trial court following its dismissal of appellant’s complaint for failure to state a cause of action. The dismissal was improperly predicated upon affirmative defenses which may not be asserted in a motion to dismiss. Hough v. Menses, 95 So.2d 410 (Fla.1957); Vaswani v. Ganobsek, 402 So.2d 1350 (Fla. 4th DCA 1981); Sproul v. McDonald’s Systems, 397 So.2d 462 (Fla. 4th DCA 1981); In re Estate of Donner, 364 So.2d 757 (Fla. 3d DCA 1978); Fontaine-bleau Hotel Gorp. v. Forty-Five Twenty-Five, Inc., 172 So.2d 248 (Fla. 3d DCA 1965); Moskovits v. Moskovits, 112 So.2d 875 (Fla. 1st DCA 1959); Fla.R.Civ.P. 1.110(d).

Reversed and remanded for further proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

BASKIN, Judge.

We reverse the final judgment entered by the trial court following its dismissal of appellant’s complaint for failure to state a cause of action. The dismissal was improperly predicated upon affirmative defenses which may not be asserted in a motion to dismiss. Hough v. Menses, 95 So.2d 410 (Fla.1957); Vaswani v. Ganobsek, 402 So.2d 1350 (Fla. 4th DCA 1981); Sproul v. McDonald’s Systems, 397 So.2d 462 (Fla. 4th DCA 1981); In re Estate of Donner, 364 So.2d 757 (Fla. 3d DCA 1978); Fontaine-bleau Hotel Gorp. v. Forty-Five Twenty-Five, Inc., 172 So.2d 248 (Fla. 3d DCA 1965); Moskovits v. Moskovits, 112 So.2d 875 (Fla. 1st DCA 1959); Fla.R.Civ.P. 1.110(d).

Reversed and remanded for further proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

417 So. 2d 1092, 1982 Fla. App. LEXIS 20894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-transportation-v-city-of-miami-fladistctapp-1982.

Opinion

Related

Cite This Page — Counsel Stack