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Conte v. R & A Food Services, Inc.
Florida District Court of Appeal
644 So. 2d 133 (1994)
- Written by Liz Nakamura, JD
Facts
Randy and Debbie Conte (plaintiffs) filed a breach-of-contract action against R & A Food Services, Inc. (RAFS) (defendant). RAFS moved to dismiss for failure to state a cause of action, arguing as an affirmative defense that the doctrine of merger barred the Contes’ action. The Contes’ complaint did not anticipate the doctrine-of-merger affirmative defense. The trial court dismissed the Contes’ action based on the doctrine of merger. The Contes appealed, arguing that the trial court’s review of a motion to dismiss for failure to state a cause of action must be confined to the allegations and anticipated affirmative defenses, if any, raised on the face of the complaint.
Rule of Law
Issue
Holding and Reasoning (Lazzara, J.)
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