JAMES ARSENAULT v. TOWN OF JUPITER (2025)

District Court of Appeal of Florida, Fourth District.

JAMES M. ARSENAULT, Appellant, v. TOWN OF JUPITER, Appellee.

No. 4D2024-2902

Decided: September 08, 2025

Edward A. Buchanan of Block & Scarpa, Vero Beach, for appellant. Lyman H. Reynolds and James R. Jimenez of Roberts, Reynolds, Bedard & Tuzzio, PLLC, West Palm Beach, for appellee.

James M. Arsenault appeals the circuit court's “Order On Defendant, Town of Jupiter's, Motion to Dismiss Plaintiff's Complaint.” We reverse because the circuit court dismissed the complaint with prejudice based on an unpled affirmative defense without affording the plaintiff an opportunity to amend. See, e.g., Sanchez v. Mercy Hosp., 386 So. 2d 42, 43 (Fla. 3d DCA 1980). On remand, the plaintiff shall be afforded an opportunity to file an amended complaint.

Reversed and remanded.

Per Curiam.

Kuntz, C.J., Gross and Artau, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network