K.C. QUALITY CARE, LLC A/A/O MECENE HERCULE vs DIRECT GENERAL INSURANCE COMPANY

• Court: District Court of Appeal of Florida
• Decided: September 2, 2022
• Docket: 21-2388
• 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

K.C. QUALITY CARE, LLC A/A/O MECENE HERCULE,

Appellant,

v. Case No. 5D21-2388 LT Case No. 2021-CC-007674

DIRECT GENERAL INSURANCE COMPANY,

Appellee.

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Opinion filed September 2, 2022

Appeal from the County Court for Orange County, Amy Carter, Judge.

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

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

WALLIS, J. KC Quality Care, LLC a/a/o Mecene Hercule ("KC Quality") appeals

the order granting Direct General Insurance Company's Motion to Dismiss

the complaint with prejudice. KC Quality argues that the trial court violated

procedural rules by relying on a default judgment from a separate case to

grant the dismissal. We agree.

It is well-established that 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, 84 (Fla. 5th DCA

2012). Therefore, the trial court's reliance on a judgment from a separate

case that was not attached to KC Quality'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.

HARRIS and SASSO, JJ., concur.