BOCA GOLF VIEW, LTD. v. Hughes Hall, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that failure to mitigate damages is an affirmative de- fense that must be specifically pled
• reversing the trial court’s involuntary dismissal that was based on an unpled affirmative defense
• \The trial court erred when it relied on a defense not raised by the pleadings to grant the motion for involuntary dismissal.\
• “Like a directed verdict in a jury trial, an involuntary dismissal is appropriate if the plaintiff fails to establish a prima facie case.”
• \The trial court erred when it relied on a defense not raised by the pleadings to grant the motion for involuntary dismissal.\
• “ ‘An issue that has not been framed by the pleadings, noticed for hearing, or litigated by the parties’ is not an appropriate matter for a trial court’s determination.”

Source: CourtListener parenthetical corpus (CC0).