State Farm Florida Insurance Co. v. Mix

How courts have described this case

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

• stating that factual allegations in pleadings upon which a cause of action is tried are judicial admissions
• allowing introduction of original complaint, which was later amended, as an evidentiary admission, finding that pleading rules do not exempt parties from the requirement that they must have a reasonable belief in the truth of the matters asserted in a complaint
• Superseded or abandoned pleadings are admissible as an admission as long as plaintiff has an opportunity to explain why pleadings were abandoned.
• “[factual allegations contained in pleadings upon which the cause is tried are considered judicial admissions and hence irrefutable as long as they remain in the case”
• “statements in withdrawn or superseded pleadings, including complaints, may be considered as evidential admissions by the party making them” [emphasis added]
• under our pleading practice, a plaintiff is permitted to advance alternative and even inconsistent theories of liability against one or more defendants in a single complaint

Source: CourtListener parenthetical corpus (CC0).