¶1The appeal before us involves review of an order of dismissal on the grounds of res judicata and collateral estoppel. A motion to dismiss should not be granted on those grounds unless the defense is established by the facts alleged in the face of the complaint. Byrd v. City of Niceville, 541 So.2d 696 (Fla. 1st DCA 1989). Since such defenses were not established by the complaint, dismissal for this reason was inappropriate. Strachan Shipping Co. v. Spigner, 573 So.2d 926 (Fla. 1st DCA 1991), rev. denied, Barreras v. Strachan Shopping Co., 583 So.2d 1034 (Fla.1991). We find the trial court’s action to be in error, and reverse.
593 So. 2d 1227
Petroff v. Petroff
District Court of Appeal of Florida
Decided February 27, 1992
District Court of Appeal of Florida · decided 1992-02-27
Cited by 5 later decisions — most recently April 1994
5 state decisions
Relies on 583 So. 2d 1033 - Wright v. General Motors Acceptance Corp. · 541 So. 2d 696 - Byrd v. City of Niceville · Strachan Shipping Co. v. Spigner
Good law ✅— No negative treatment on recordhow we know
Decided 1992-02-27
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