Motion to Dismiss

From Florida Legal Wiki

A motion to dismiss tests the sufficiency of the pleadings or the court's authority over the parties or subject matter. In ruling on a motion to dismiss the court "may not go beyond the four corners of the complaint and must accept the facts alleged therein . . . as true. All reasonable inferences must be drawn in favor of the pleader." Edwards v. Landsman, 51 So.3d 1208, 1213 (Fla. 4th DCA 2011), quoting Goodall v. Whispering Woods Ctr., LLC, 990 So.2d 695, 697 (Fla. 4th DCA 2008) and Taylor v. Riviera Beach, 801 So.2d 259, 262 (Fla. 4th DCA 2001).

Generally, an Affirmative Defense is not a valid basis for a Motion to Dismiss. However, an Affirmative Defense may be raised by a Motion to Dismiss where the defense is established on the face of the Complaint. Tesher & Tesher v. Cook, 386 So.2d 1305, 1306 (Fla. 4th DCA 1980).

A Motion to Dismiss is not a responsive pleading, as defined by Rule 1.100 and, therefore, does not preclude a party from amending the complaint subsequent to the filing of such a motion. Boca Burger, Inc. v. Forum, 912 So.2d 561, 567 (Fla. 3d DCA 2005).