HAYWARD & ASSOCIATES, INC. v. HOFFMAN

No. 2D01-1828.

826 So.2d 332 (2002)

HAYWARD & ASSOCIATES, INC., a Florida corporation, Appellant, v. M. Dexter HOFFMAN, Noel K. Evans, Evans & Donica, P.A., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

April 3, 2002.


Attorney(s) appearing for the Case

R. Patrick Mirk of R. Patrick Mirk, P.A., Tampa, for Appellant.

Scott C. Ilgenfritz and Jonathan S. Coleman of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Tampa, for Appellee Hoffman.

Brett J. Preston and Marie A. Borland of Hill, Ward & Henderson, P.A., Tampa, for Appellees Noel K. Evans and Evans & Donica, P.A.


BLUE, Chief Judge.

Hayward & Associates, Inc., appeals a trial court order that dismissed with prejudice its lawsuit against Dexter Hoffman, Noel Evans, and the law firm of Evans & Donica, P.A. The trial court dismissed the lawsuit on the grounds of res judicata. As Hayward correctly argues, the trial court erred by going outside the four corners of the complaint to consider this affirmative defense. Accordingly, we reverse. See Bolz v. State Farm Mut....

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