Jordan v. Griley, 667 So. 2d 493 (Fla. 3d DCA 1996). · Go Syfert
Search
Jordan v. Griley, 667 So. 2d 493 (Fla. 3d DCA 1996). Cases Citing This Book View Copy Cite
8 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: Gortz v. LYTAL, REITER, CLARK, SHARPE (fladistctapp, 2000-10-18)
Top citers, strongest first. 6 distinct citers.
cited Cited as authority (rule) Gortz v. LYTAL, REITER, CLARK, SHARPE
Fla. Dist. Ct. App. · 2000 · confidence medium
On a motion to dismiss, "the trial court is necessarily confined to the well-pled facts alleged in the four corners of the complaint...." Jordan v. Griley, 667 So.2d 493, 493 (Fla. 3d DCA 1996).
cited Cited as authority (rule) Gortz v. Lytal, Reiter, Clark, Sharpe, Roca, Fountain & Williams
Fla. Dist. Ct. App. · 2000 · confidence medium
On a motion to dismiss, “the trial court is necessarily confined to the well-pled facts alleged in the four corners of the complaint....” Jordan v. Griley, 667 So.2d 493, 493 (Fla. 3d DCA 1996).
discussed Cited as authority (rule) Dee v. Sea Ray Boats, Inc.
Fla. Dist. Ct. App. · 1997 · confidence medium
"On a motion to dismiss, the trial court is necessarily confined to the well-pled facts alleged in the four corners of the complaint," Jordan v. Griley, 667 So.2d 493, 493 (Fla. 3d DCA 1996), and is "required to treat the factual allegations of the complaint as true and to consider those allegations in the light most favorable to plaintiffs." Hollywood Lakes Section Civic Ass'n, Inc. v. City of Hollywood, 676 So.2d 500, 501 (Fla. 4th DCA 1996).
cited Cited "see" Minor v. Brunetti
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Jordan v. Griley, 667 So.2d 493 (Fla. 3d DCA 1996); Lewis v. Barnett Bank of S. Fla. N.A., 604 So.2d 937 (Fla. 3d DCA 1992).
cited Cited "see" Mancher v. Seminole Tribe of Florida
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Jordan v. Griley, 667 So.2d 493 (Fla. 3d DCA 1996).
discussed Cited "see, e.g." Doe v. Evans
Fla. · 2002 · signal: see also · confidence low
App.1992) (holding that First Amendment is not violated by the imposition of punitive damages against church based upon priest's sexual abuse of child ); Kenneth R. v. Roman Catholic Diocese, 229 A.D.2d 159 , 654 N.Y.S.2d 791, 795-96 (N.Y.App.Div.1997) (holding that child's negligent supervision and retention claims against diocese not barred by First Amendment); Erickson v. Christenson, 99 Or.App. 104 , 781 P.2d 383, 386 (1989) (holding that First Amendment did not bar child's tort claims against church for actions of pastor who engaged in sexual misconduct during course of counseling relatio…
Cynthia JORDAN, A.T. Mattox, Barbara Stevens, Darlene Brown, Lynn Rush, Ron Williams, Damon Johnson, Rosa Lee, Shirley Davis, Antoinette Semper, Donna Larry, Lovella Hall, Leroy Tullis, Lenette Lewis, Eugene Lamb, Elester Taylor, James Cecil, Cassandra O'Neil, Major Brown, Andrea Corinthian, Jeraldine Brown, Jacob McConnell, Eugene Dames, Valencia Miller, Jimmie Williams, Laura Stubbs, Dalio Cardenas, Esperanza Alonzo, Ida Gadson, Mary Toles, Ronald Middleton, Lillie Larry, Carlton Howard, Ernestine Larry, Joan Rutherford, Sandra Thompson, Cecil Clark, Appellants,
v.
George GRILEY, Appellee.
95-1926.
District Court of Appeal of Florida, Third District.
Feb 7, 1996.
667 So. 2d 493
Schwartz, C.J., and Cope and Levy.
Cited by 7 opinions  |  Published

Legal Services of Greater Miami, Inc. and Barbara Goolsby, Miami, for appellants.

Melvyn R. Rubin, Davie, for appellee.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.

PER CURIAM.

This is an appeal from a final order dismissing appellee George Griley as a party defendant in appellants' lawsuit. Griley's motion to dismiss was based on factual matters which were outside the second amended complaint. As stated in Lewis v. Barnett Bank, 604 So.2d 937 (Fla. 3d DCA 1992):

The law is well settled that a motion to dismiss a complaint is not a motion for summary judgment in which the court may rely on facts adduced in depositions, affidavits, or other proofs. On a motion to dismiss, the trial court is necessarily confined to the well-pled facts alleged in the four corners of the complaint and contrary to the defendant's argument, is not authorized to consider any other facts, including,[*494] as here, the sufficiency of the evidence which the plaintiff will likely produce at trial or other claimed facts asserted by defense counsel relating to unpled affirmative defenses, even if argued by counsel for the parties on the motion to dismiss.

Id. at 938. While the order under review must be reversed, this ruling is without prejudice to Griley to file an appropriate motion for summary judgment. We base our ruling entirely on procedural grounds and express no opinion on the merits of the parties' respective positions.

Reversed and remanded.