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BRITT v. CITY OF JACKSONVILLE

No. 1D99-4062.

770 So.2d 257 (2000)

Valerie BRITT, Appellant, v. The CITY OF JACKSONVILLE, Appellee.

District Court of Appeal of Florida, First District.

October 31, 2000.

Attorney(s) appearing for the Case

David A. Theriaque and Robert C. Brannan, of David A. Theriaque, P.A., Tallahassee, for Appellant.

Richard A. Mullaney, General Counsel and Karl J. Sanders, Assistant General Counsel, Jacksonville, for Appellee.

PER CURIAM.

The trial court dismissed Valerie Britt's complaint, finding that Britt failed to establish her standing. The trial court never reached the merits of this issue; instead, the court relied on the doctrine of res judicata raised by appellees in a motion to dismiss. The dismissal order is fatally defective because a defendant generally cannot raise the defense of res judicata for the first time in a motion to dismiss. See Byrd v. City of Niceville,

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