1 – Elements and Case Citations
To determine the adequacy of a complaint, the trial court must accept all allegations as true and draw all reasonable inferences in favor of the pleader. City of Miami v. Cruz, 2022 WL 2231891, *1 (Fla. 3d DCA June 22, 2022). The court’s review cannot exceed the complaint’s four corners and exhibits. Newberry Square Fla. Laundromat, LLC v. Jim’s Coin Laundry and Dry Cleaners, Inc., 296, So. 3d 584, 589 (Fla. 1st DCA 2020). Dismissal of a count or complaint is permissible only where all of the facts supporting an affirmative defense appear on the face of the complaint and conclusively establish that the count is barred as a matter of law. Schneiderman v. Baer, 334 So. 3d 326, 330 (Fla. 4th DCA 2022) (citing Garofalo v. Proskauer Rose LLP, 253 So. 3d 2, 5 (Fla. 4th DCA 2018). In essence, the trial court must determine if the allegations of the complaint, when assumed to be true, would entitle the pleader to the relief sought.
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.