20 Florida opinions name it 2 courts 1938–2025 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Barentine v. Clementsgreen2 sentences2017“The purpose of a motion for judgment on the pleadings is to test the legal sufficiency of a cause of action or defense where there is no dispute as to the facts.” Barentine v. Clements, 328 So.2d 878, 879 (Fla. 2d DCA 1976). 2013“The purpose of a motion for judgment on the pleadings is to test the legal sufficiency of a cause of action or defense where there is no dispute as to the facts.” Barentine v. Clements, 328 So.2d 878, 879 (Fla. 2d DCA 1976) (citing Bradham v. Hayes Enters., 306 So.2d 568 (Fla. 1st DCA 1975)). | 2 | 2 |
GEORGETA MILLER v. FINIZIO & FINIZIO, P.A., etc., PAUL G. FINIZIOgreen1 sentence2025A motion for judgment on the pleadings is similar to a motion to dismiss and raises only questions of law arising out of the pleadings.” Miller v. Finizio & Finizio, P.A., 226 So. 3d 979, 982 (Fla. 4th DCA 2017) (internal citations and quotation marks omitted). | 1 | 1 |
Viscito v. Viscitogreen1 sentence2019Id.; cf. Viscito v. Viscito, 214 So. 3d 736, 739 (Fla. 3d DCA 2017) (holding that the husband was “confined by his pleadings to a claim for permanent periodic alimony” and could not demand another form not prayed for in the pleadings). 3 Here, in her amended petition for dissolution, Appellee requested $1,000 in permanent periodic alimony, yet the Final Judgment awarded her an amount in excess of the requested amount. | 1 | 1 |
Ledo v. Seavie Resources, LLCgreen1 sentence2018Regardless of the reason, reversal is warranted here because the trial court did not make, nor is there record evidence to support, an express finding that the failure to comply with the trial court’s order(s) was the result of willful or deliberate disregard of the court’s authority.1 See Ledo v. Seavie Resources, LLC, 149 So. 3d 707, 710 (Fla. 3d DCA 2014) (confirming, 1 Nor could the trial court make such a finding as to Tayzu, Inc.’s failure to timely retain new trial counsel. | 1 | 1 |
Venditti-Siravo, Inc. v. City of Hollywood, Fla.green1 sentence2017A motion for judgment on the pleadings “is similar to a motion to dismiss and raises only questions of law arising out of the pleadings.” Venditti-Siravo, Inc. v. City of Hollywood, Fla., 418 So.2d 1251, 1253 (Fla. 4th DCA 1982). | 1 | 1 |
Alan Neuman Productions, Inc. v. Jere Albrightgreen1 sentence1995(Citation omitted.) To like effect are decisions in Tutwiler Cadillac, Inc. v. Brockett, 551 So.2d 1270 (1st DCA 1989); Board of Regents v. Stinson-Head, Inc., 504 So.2d 1374 (Fla. 4th DCA 1987); Bay Products Corp. v. Winters, 341 So.2d 240 (Fla. 3d DCA *1234 1976); see also Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388 (9th Cir.1988). | 1 | 1 |
Freeman v. Freemangreen1 sentence1995Freeman v. Freeman, 447 So.2d 963, 964 (Fla. 1st DCA 1984) (holding that an award of relief not sought by the pleadings is error; court's jurisdiction can be exercised only within the scope of the pleadings); Herman v. Herman, 565 So.2d 835 (Fla. 3d DCA 1990) (holding that "[f]undamental concepts of due process require a party seeking modification of a prior court order to file a written pleading and provide appropriate notice to all parties concerned"). | 1 | 1 |
Storrs v. Storrsgreen2 sentences1987See Storrs v. Storrs, 130 Fla. 711 , 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983). 1987See Storrs v. Storrs, 130 Fla. 711 , 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983). | 1 | 1 |
State v. Bakergreen1 sentence1987As the Florida Supreme Court has said, “[f]or double jeopardy purposes, this Court is bound to consider only the statutory elements of the offenses, not the allegations or proof in a particular case.” State v. Baker, 452 So.2d 927, 929 (Fla.1984). | 1 | 1 |
Storer v. Florida Sportservice, Inc.green1 sentence1975First, matters outside the pleadings may not be considered upon a motion for judgment upon the pleadings. [1] Reinhard v. Bliss, Fla. 1956, 85 So.2d 131 , Storer v. Florida Sportservice, Inc., Fla.App. 1959, 115 So.2d 433 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bradham v. Hayes Enterprises, Inc.
green
2 sentences2013“The purpose of a motion for judgment on the pleadings is to test the legal sufficiency of a cause of action or defense where there is no dispute as to the facts.” Barentine v. Clements, 328 So.2d 878, 879 (Fla. 2d DCA 1976) (citing Bradham v. Hayes Enters., 306 So.2d 568 (Fla. 1st DCA 1975)). 1989Bradham v. Hayes Enters., Inc., 306 So.2d 568 (Fla. 1st DCA 1975). | 3 | 1976–2013 |
Board of Regents v. Stinson-Head, Inc.
green
1 sentence1995(Citation omitted.) To like effect are decisions in Tutwiler Cadillac, Inc. v. Brockett, 551 So.2d 1270 (1st DCA 1989); Board of Regents v. Stinson-Head, Inc., 504 So.2d 1374 (Fla. 4th DCA 1987); Bay Products Corp. v. Winters, 341 So.2d 240 (Fla. 3d DCA *1234 1976); see also Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388 (9th Cir.1988). | 1 | 1995–1995 |
Tutwiler Cadillac, Inc. v. Brockett
green
1 sentence1995(Citation omitted.) To like effect are decisions in Tutwiler Cadillac, Inc. v. Brockett, 551 So.2d 1270 (1st DCA 1989); Board of Regents v. Stinson-Head, Inc., 504 So.2d 1374 (Fla. 4th DCA 1987); Bay Products Corp. v. Winters, 341 So.2d 240 (Fla. 3d DCA *1234 1976); see also Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388 (9th Cir.1988). | 1 | 1995–1995 |
Herman v. Herman
green
1 sentence1995Freeman v. Freeman, 447 So.2d 963, 964 (Fla. 1st DCA 1984) (holding that an award of relief not sought by the pleadings is error; court's jurisdiction can be exercised only within the scope of the pleadings); Herman v. Herman, 565 So.2d 835 (Fla. 3d DCA 1990) (holding that "[f]undamental concepts of due process require a party seeking modification of a prior court order to file a written pleading and provide appropriate notice to all parties concerned"). | 1 | 1995–1995 |
Bay Products Corp. v. Winters
green
1 sentence1995(Citation omitted.) To like effect are decisions in Tutwiler Cadillac, Inc. v. Brockett, 551 So.2d 1270 (1st DCA 1989); Board of Regents v. Stinson-Head, Inc., 504 So.2d 1374 (Fla. 4th DCA 1987); Bay Products Corp. v. Winters, 341 So.2d 240 (Fla. 3d DCA *1234 1976); see also Alan Neuman Productions, Inc. v. Albright, 862 F.2d 1388 (9th Cir.1988). | 1 | 1995–1995 |
J & J Util. Company Inc. v. Windmill Village
green
1 sentence1994E.g., J & J Utility Co. v. Windmill Village by the Sea Condominium No. I Ass’n, 485 So.2d 36 (Fla. 4th DCA 1986). | 1 | 1994–1994 |
Moser v. Thorp Sales Corp.
green
1 sentence1987See Storrs v. Storrs, 130 Fla. 711 , 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983). | 1 | 1987–1987 |
Moser v. Thorp Sales Corp.
green
1 sentence1987See Storrs v. Storrs, 130 Fla. 711 , 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983). | 1 | 1987–1987 |
Moser v. Thorp Sales Corp.
green
1 sentence1987See Storrs v. Storrs, 130 Fla. 711 , 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983). | 1 | 1987–1987 |
Hernandez v. Hernandez
green
1 sentence1984Hernandez v. Hernandez, 444 So.2d 35 (Fla. 3rd DCA 1983). | 1 | 1984–1984 |
Gehrig v. Ray
green
1 sentence1978Gehrig v. Ray, 332 So.2d 703 (Fla. 1st DCA 1976). | 1 | 1978–1978 |
Reinhard v. Bliss
green
1 sentence1975First, matters outside the pleadings may not be considered upon a motion for judgment upon the pleadings. [1] Reinhard v. Bliss, Fla. 1956, 85 So.2d 131 , Storer v. Florida Sportservice, Inc., Fla.App. 1959, 115 So.2d 433 . | 1 | 1975–1975 |
Butts v. State Farm Mutual Automobile Ins. Co.
green
1 sentence1971A general discussion of the Florida law respecting judgments on the pleadings appears in Butts v. State Farm Mutual Automobile Insurance Co., Fla.App.1968, 207 So.2d 73 . | 1 | 1971–1971 |
Tursair Executive Aircraft Services, Inc. v. United States
neutral
1 sentence1969The lower court, relying upon the case of Tursair Executive Aircraft Services, Inc. v. United States, 5 Cir. 1967, 383 F.2d 381 , entered final judgment for the defendant. | 1 | 1969–1969 |
Fink v. Powsner
green
1 sentence1968Fink v. Powsner, Fla. App. 1958, 108 So.2d 324 . cf. Dicks v. Colonial Finance Corporation, Fla. 1956, 85 So.2d 874 ; Carroll v. Paramount Pictures, D.C., 3 F.R.D. 47 . | 1 | 1968–1968 |
Carroll v. Paramount Pictures, Inc.
green
1 sentence1968Fink v. Powsner, Fla. App. 1958, 108 So.2d 324 . cf. Dicks v. Colonial Finance Corporation, Fla. 1956, 85 So.2d 874 ; Carroll v. Paramount Pictures, D.C., 3 F.R.D. 47 . | 1 | 1968–1968 |
Dicks v. Colonial Finance Corporation
green
1 sentence1968Fink v. Powsner, Fla. App. 1958, 108 So.2d 324 . cf. Dicks v. Colonial Finance Corporation, Fla. 1956, 85 So.2d 874 ; Carroll v. Paramount Pictures, D.C., 3 F.R.D. 47 . | 1 | 1968–1968 |
The Columbian Nat'l Life Ins. Co. v. Lanigan
green
1 sentence1944Barnes v. Liebig, 146 Fla. 219 , 1 So. (2nd) 247 ; The Columbian National Life Insurance Company v. Lanigan, (Fla.) 19 So. (2nd) 67 . | 1 | 1944–1944 |
Barnes v. Liebig
green
2 sentences1944Barnes v. Liebig, 146 Fla. 219 , 1 So. (2nd) 247 ; The Columbian National Life Insurance Company v. Lanigan, (Fla.) 19 So. (2nd) 67 . 1944Barnes v. Liebig, 146 Fla. 219 , 1 So. (2nd) 247 ; The Columbian National Life Insurance Company v. Lanigan, (Fla.) 19 So. (2nd) 67 . | 1 | 1944–1944 |
Ropes v. Jenerson
neutral
1 sentence1938The case at bar is ruled by Ropes v. Jenerson, 45 Fla. 556 , 34 So. 955 , 110 Am. | 1 | 1938–1938 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.