QUALITY CARE LLC v. DIRECT GENERAL INSURANCE COMPANY (2022)

District Court of Appeal of Florida, Fifth District.

K.C. QUALITY CARE, LLC a/a/o Mecene Hercule, Appellant, v. DIRECT GENERAL INSURANCE COMPANY, Appellee.

Case No. 5D21-2388

Decided: September 02, 2022

Chad A. Barr, of Chad Bar Law, Altamonte Springs, for Appellant. William J. McFarlane, IIII, and Michael K. Mittelmark, of McFarlane Law, Coral Springs, for Appellee.

KC Quality Care, LLC a/a/o Mecene Hercule (“KC Quality”) appeals the order granting Direct General Insurance Company's Motion to Dismiss the complaint with prejudice. KC Quality argues that the trial court violated procedural rules by relying on a default judgment from a separate case to grant the dismissal. We agree.

It is well-established that when considering a motion to dismiss a complaint, trial courts are confined to the allegations contained within the four corners of the complaint and must accept all well-pled allegations as true. Deutsche Bank Nat'l Tr. Co. v. Lippi, 78 So. 3d 81, 84 (Fla. 5th DCA 2012). Therefore, the trial court's reliance on a judgment from a separate case that was not attached to KC Quality's complaint or incorporated by reference was error. See KC Quality Care, LLC v. Direct Gen. Ins. Co., ––– So.3d ––––, 47 Fla. L. Weekly D1615, 2022 WL 3007767 (Fla. 5th DCA July 29, 2022). We reverse and remand for further proceedings.

REVERSED and REMANDED.

WALLIS, J.

HARRIS and SASSO, 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Out of date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