Legal Question in Business Law in Florida

In Florida (4th DCA; circuit civil), should a request to dismiss a complaint with prejudice be done through a Motion to Dismiss or Motion for Summary Judgment for improper splitting of claims / Collateral Estoppel (both subsets of Res Judicata)?

I have read that "subject matter jurisdiction" is a matter which allows the trial court to go outside the four corners of a complaint and allow other evidence to be attached. In this case, attaching pleadings from a related case and possibly affidavits. Hopefully you know of the Florida case law which makes a clear decision on this question.


Asked on 2/23/14, 11:24 pm

1 Answer from Attorneys
Robert Garven Robert Garven, Esq.

If the complaint has just been filed and you have not yet responded,a motion to dismiss is appropriate. Keep in mind, however, that the need for dismissal evident from the complaint:

the court will not look beyond the pleadings and will not consider external evidence. If you

have responded to the complaint, the time for a motion to dismiss has passed and a motion for summary judgment is appropriate. There, you will be able to bring in extrinsic evidence.

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Answered on 2/24/14, 3:13 am


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