Sanchez v. Mercy Hospital
Cases that cite this one
11 later published cases cite this decision.
- James M. Arsenault v. Town of Jupiter (Fla. Dist. Ct. App. 2025)
- Kalmanson v. Adams (Fla. Dist. Ct. App. 2008)
- A-One Coin Laundry Equipment Co. v. WATERSIDE TOWERS CONDOMINIUM ASS'N, INC. (Fla. Dist. Ct. App. 1990)
- Sokol v. Moses (Fla. Dist. Ct. App. 1989)
- Zessin v. Criterion Insurance Co. (Fla. Dist. Ct. App. 1985)
- Sorli v. I.M. Skaugen Management Co. (Fla. Dist. Ct. App. 1984)
- Assemblies of God v. Garrido (Fla. Dist. Ct. App. 1984)
- Perdomo v. Jackson Memorial Hosp. (Fla. Dist. Ct. App. 1983)
- Yates v. Commercial Bank & Trust Co. (Fla. Dist. Ct. App. 1983)
- Majewski v. Sea Deck Properties, Inc. (Fla. Dist. Ct. App. 1980)
- Mackle v. Mackle (Fla. Dist. Ct. App. 1980)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Felicitas SANCHEZ, Appellant,
v.
MERCY HOSPITAL, etc., et al., Appellees.
District Court of Appeal of Florida, Third District.
Horton, Perse & Ginsberg and Edward A. Perse, Miami, Bernard Butts, Hialeah, for appellant.
Adams & Ward and Richard B. Adams and James W. Kaufman, Miami, Barrett & Bajoczky and C. Howard Hunter, Tallahassee, Thornton & Herdon and Jane E. Thornton, Miami, for appellees.
Before BARKDULL, SCHWARTZ and NESBITT, JJ.
PER CURIAM.
Orderly pleading requires that the order dismissing the plaintiff's complaint with prejudice be reversed because affirmative defenses to a claim for relief, not apparent on the face of the complaint, must be pled in an answer. Roehner v. Atlantic Coast Development Corporation, 356 So.2d 1296 (Fla. 4th DCA 1978); Poulos v. Vordermeir, 327 So.2d 245 (Fla. 4th DCA 1976); Government Employees Insurance Company *43 v. Wheelus, 319 So.2d 181 (Fla. 4th DCA 1975). Only affirmative defenses appearing on the face of a prior pleading may be asserted in a motion to dismiss. Fla.R. Civ.P. 1.110(d); Kansas City Mortgage Company v. Burgess, 306 So.2d 161 (Fla. 4th DCA 1975); Stern v. First National Bank of South Miami, 275 So.2d 58 (Fla. 3d DCA 1973).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.