Eric Flite v. Medi-Trans, Inc., a/k/a MTI Medi-Trans, Inc., a/k/a Meditrans Corporation and United National Transport Network, Inc.

District Court of Appeal of Florida

Eric Flite v. Medi-Trans, Inc., a/k/a MTI Medi-Trans, Inc., a/k/a Meditrans Corporation and United National Transport Network, Inc.

174 So. 3d 1128, 2015 Fla. App. LEXIS 14519, 2015 WL 5725600

District Court of Appeal of Florida·Decided September 30, 2015·No. 4D13-4572·Published

Opinion

PER CURIAM.

The circuit court granted a defense motion to dismiss, either because the defendant was entitled to immunity under the workers’ compensation statute or because, in an earlier settlement, the plaintiff released the defendant. Resolution of these issues required the court to make factual determinations outside of the pleadings. Ordinarily, affirmative defenses cannot be raised by a motion to dismiss, unless “the face of the complaint is sufficient to demonstrate the existence of the defense.” Wallisville Corp. v. McGuinness, 154 So.3d 501, 504 (Fla. 4th DCA 2015). See also Stubbs v. Plantation Gen. Hosp. Ltd. P’ship, 988 So.2d 683 (Fla. 4th DCA 2008). We reverse and remand for the circuit court to consider the issues by way of summary judgment or an evidentiary hearing.

GROSS, TAYLOR, JJ., and SHEPHERD, CAROLINE, Associate Judge, concur.

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PER CURIAM.

The circuit court granted a defense motion to dismiss, either because the defendant was entitled to immunity under the workers’ compensation statute or because, in an earlier settlement, the plaintiff released the defendant. Resolution of these issues required the court to make factual determinations outside of the pleadings. Ordinarily, affirmative defenses cannot be raised by a motion to dismiss, unless “the face of the complaint is sufficient to demonstrate the existence of the defense.” Wallisville Corp. v. McGuinness, 154 So.3d 501, 504 (Fla. 4th DCA 2015). See also Stubbs v. Plantation Gen. Hosp. Ltd. P’ship, 988 So.2d 683 (Fla. 4th DCA 2008). We reverse and remand for the circuit court to consider the issues by way of summary judgment or an evidentiary hearing.

GROSS, TAYLOR, JJ., and SHEPHERD, CAROLINE, Associate Judge, concur.

Eric Flite v. Medi-Trans, Inc., a/k/a MTI Medi-Trans, Inc., a/k/a Meditrans Corporation and United National Transport Network, Inc., 174 So. 3d 1128, 2015 Fla. App. LEXIS 14519, 2015 WL 5725600 (Fla. Ct. App. 2015).

Pincite

174 So. 3d 1128 (Eric Flite v. Medi-Trans, Inc., a/k/a MTI Medi-Trans, Inc., a/k/a Meditrans Corporation and United National Transport Network, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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