Stucchio v. Huffstetler

District Court of Appeal of Florida

Stucchio v. Huffstetler

690 So. 2d 753, 1997 Fla. App. LEXIS 3190, 1997 WL 155128

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1997

DocketNo. 96-2655

StatusPublished

Cited by1 cases

This text of 690 So. 2d 753 (Stucchio v. Huffstetler) 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

Stucchio v. Huffstetler, 690 So. 2d 753, 1997 Fla. App. LEXIS 3190, 1997 WL 155128 (Fla. Ct. App. 1997).

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Opinion

GOSHORN, Judge.

Donna Stuechio appeals the order dismissing Counts I and III of her third amended complaint with prejudice. She contends, correctly, that the court impermissibly considered matters outside the four corners of the complaint in deciding the motion to dismiss. See Cazares v. Church of Scientolo[754]*754gy of California, Inc., 444 So.2d 442 (Fla. 5th DCA 1983). Further, defenses to the action may not be considered in deciding a motion to dismiss. Pizzi v. Central Bank & Trust Co., 250 So.2d 895 (Fla.1971). Thus, while the ruling may ultimately prove correct, it was error to decide the merits of the case on a dismissal motion.

REVERSED and REMANDED for further proceedings.

DAUKSCH and W. SHARP, JJ., concur.

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GOSHORN, Judge.

Donna Stuechio appeals the order dismissing Counts I and III of her third amended complaint with prejudice. She contends, correctly, that the court impermissibly considered matters outside the four corners of the complaint in deciding the motion to dismiss. See Cazares v. Church of Scientolo[754]*754gy of California, Inc., 444 So.2d 442 (Fla. 5th DCA 1983). Further, defenses to the action may not be considered in deciding a motion to dismiss. Pizzi v. Central Bank & Trust Co., 250 So.2d 895 (Fla.1971). Thus, while the ruling may ultimately prove correct, it was error to decide the merits of the case on a dismissal motion.

REVERSED and REMANDED for further proceedings.

DAUKSCH and W. SHARP, JJ., concur.

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690 So. 2d 753, 1997 Fla. App. LEXIS 3190, 1997 WL 155128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stucchio-v-huffstetler-fladistctapp-1997.

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