2024-3029 — Wells Fargo Bank, N.A., et al. v. Rio Poco Homeowners' Association, Inc.

The Fourth District Court of Appeal reversed a trial court's dismissal of Wells Fargo's complaint against Rio Poco Homeowners' Association, holding that the trial court improperly considered matters outside the complaint when ruling on the motion to dismiss.

The court held that a motion to dismiss under Florida Rules of Civil Procedure must be limited to the four corners of the complaint and attached exhibits, and may not consider extraneous materials such as the Association's response to a presuit mediation demand or emails between parties. The court further held that where a plaintiff alleges satisfaction or waiver of all conditions precedent to suit, including compliance with section 720.311(2)'s presuit mediation requirements, and nothing in the complaint or its exhibits negates that allegation, the factual issue of waiver precludes dismissal.

Homeowners' associations subject to section 720.311, Florida Statutes (2024), which requires presuit mediation before filing suit.

Issued May 6, 2026; not final until disposition of any timely-filed motion for rehearing.