In short: Not unless the pleading is plainly false, and a defense like res judicata or lack of standing can end a case on a motion to dismiss only if it appears on the face of the complaint. In Wildflower, LLC v. St. Johns River Water Management District, a Brevard County landowner sued for a declaration about the District’s jurisdiction over its property, and the trial court struck the complaint as a sham and dismissed it with prejudice. On October 30, 2015, the Fifth District reversed and ordered the complaint reinstated.
The Facts
In 2008 the St. Johns River Water Management District accused Frank and Linda Molica of dredging and filling property without permits. Years of administrative, court and appellate proceedings followed over whether the property and the activities on it fell within the District’s jurisdiction. Those proceedings ended in late 2013.
Wildflower, LLC, a company formed in 2005 whose only identified members are the Molicas, had been a tenant on the property. In 2013 the Molicas deeded the property to Wildflower, and in 2014 Wildflower sued the District for a declaratory judgment on whether its activities were exempt from, or subject to, the District’s jurisdiction.
The District moved to dismiss, arguing res judicata and failure to exhaust administrative remedies. Wildflower amended to allege the District had refused it an administrative remedy; the District called that allegation a sham because Wildflower had never asked. Wildflower then filed a second amended complaint without the disputed allegations. The District moved to strike it as a sham and to dismiss it with prejudice for res judicata and lack of standing, arguing Wildflower was in privity with the Molicas. Wildflower moved for a default. The trial court struck and dismissed the complaint with prejudice and denied the default.
The Decision
The Fifth District reversed the order striking and dismissing the second amended complaint, and remanded with instructions to reinstate it. It affirmed the denial of the default.
On the sham motion, the court explained that a pleading is a sham only when it is inherently false and clearly known to be false when made. The District never identified any false allegation in the second amended complaint; its falsity argument was aimed at the earlier complaint that had been dropped. Striking the new complaint was an abuse of discretion.
On dismissal, the court applied the general rule that affirmative defenses cannot be decided on a motion to dismiss unless the face of the complaint shows the defense. Wildflower alleged it owned the property and conducted the activities at issue, which was enough for standing. Res judicata requires identity of the parties, the causes of action, the thing sued for, and the capacity of the parties, and nothing on the face of the complaint established that Wildflower was in privity with the Molicas. The District could try to prove privity later, but not on a motion to dismiss.
The default was properly denied because the District had appeared, timely filed motions directed to each complaint, and actively defended.
The Law
Rule 1.150 lets a party move to strike a pleading as a sham. The standard is strict: the pleading must be plainly fictitious or undoubtedly false, and a court that strikes a pleading that is not must reinstate it.
A motion to dismiss under rule 1.140 tests only the four corners of the complaint. Defenses such as res judicata and lack of standing are usually raised in an answer and proved with evidence, not decided on a motion to dismiss. The exception is when the complaint itself shows the defense.
Res judicata can bind someone who was not a party to the earlier case if that person was in privity with a party. Whether a later owner of land is in privity with the earlier owner is often a fact question. Here, the deed from the Molicas to their own company was not enough, on the face of the complaint, to dismiss the case.
Under rule 1.500, a default is available only when a party fails to plead or otherwise defend. A party that is filing timely motions directed to each complaint is defending.
Lessons
- Transferring land to a new owner, even one controlled by the old owner, does not automatically carry the old owner’s losses with it on a motion to dismiss. Privity has to be proved.
- A motion to strike as a sham must point to specific allegations that are false and known to be false. It is not a substitute for summary judgment.
- If you are fighting a regulator, drop allegations you cannot support. The second amended complaint survived in part because it left out the disputed allegations.
- Filing timely motions to dismiss keeps a defendant out of default. Don’t count on a default when the other side is actively litigating.
Source: Wildflower, LLC v. St. Johns River Water Management District, No. 5D14-3637 (Fla. 5th DCA Oct. 30, 2015); ACIS docket.
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Frequently Asked Questions
What is a sham pleading in Florida?
A pleading that is inherently false and clearly known to be false when it was filed. A court can strike it under rule 1.150, but in Wildflower the Fifth District reversed because the District never showed that anything in the complaint it attacked was false.
Can a case be dismissed for res judicata on a motion to dismiss?
Only if the defense appears on the face of the complaint. Otherwise res judicata is an affirmative defense that must be raised and proved. Wildflower’s complaint did not show it was in privity with the prior owners, so dismissal was reversed.
If I buy land after the seller lost a case, am I bound by that judgment?
You may be if you are in privity with the seller, but privity depends on the facts. In Wildflower, a deed from the prior owners to their own company was not enough to dismiss the company’s lawsuit at the pleading stage.
Can I get a default if the other side files a motion to dismiss instead of an answer?
Generally no. A timely motion directed to the complaint is a way of defending, and rule 1.500 allows a default only when a party fails to plead or otherwise defend. The Fifth District affirmed the denial of Wildflower’s default motion.
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