Motions To Dismiss: Four Corners Rule

Minor v. Brunetti, ___ So. 3d ___, 35 Fla. L. Weekly D2013 (Fla. 3d DCA 9/8/10)

The plaintiffs sought a declaration that the deed of Hialeah Park Racetrack from the City of Hialeah to Hialeah, Inc. was void because the City failed to hold a voter referendum prior to the conveyance.  The trial court dismissed the action with prejudice based upon the decision in Hialeah, Inc. v. Dade County, 490 So. 2d 998 (Fla. 3d DCA 1986).  The appellate court reversed because a trial court is confined to reviewing the four corners of the complaint in ruling on a motion to dismiss.  “Here, the trial court considered factual material beyond the facts alleged within the four corners of the complaint.”