final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; John Joseph Murphy, Judge; L.T. Case No. CACE
Preudhomme, Pembroke Pines, pro se.
brief filed by appellees.
Arlene Preudhomme appeals the dismissal of her complaint with
prejudice after the first motions to dismiss, filed by
separate defendants, were granted with no opportunity to
amend the complaint. Addressing multiple arguments raised by
Appellant, we agree the dismissal with prejudice was
error and reverse and remand for further proceedings. We
express no opinion as to whether Appellant's complaint
should be dismissed for failure to state a cause of action.
Additionally, Appellant appeals the reservation of
jurisdiction by the trial court to award attorney's fees
against her. Because the trial court did not make a ruling
awarding fees, nor is there such an order in the record, we
dismiss that portion of the appeal as premature. See
Security Nat. Mortg. Co. v. Reid, 185 So.3d 1265, 1266
(Fla. 4th DCA 2016) (citing REC Ctrs., Inc. v.
Shaughnessy, 407 So.2d 971, 975 (Fla. 4th DCA 1981)).
Facts and Trial Proceedings
final judgment dissolving Appellant's marriage to
Appellee Garth Bailey and the resulting post-dissolution
proceedings before the trial court have had numerous
appearances before this Court. The action below on appeal in
this case is yet another appearance.
marriage between Appellant and her former husband was
dissolved in 2010. In January 2015, Appellant filed her
pro se complaint for damages and other relief
against the former husband and other individuals and entities
in the civil division of the trial court. She alleged
generally that she was seeking to set aside conveyances of
property in an effort to enforce judgments and awards she
received in the dissolution proceeding. Appellant's
complaint asserted four counts: fraudulent conveyance,
conversion, unjust enrichment, and accounting. Attached to
her complaint were copies of exhibits reflecting transfers of
property. Appellant did not attach copies of the initial
final judgment dissolving the marriage or the partial
disbursement order entered in the dissolution proceeding
following remand by this Court from the appeal of the
former husband moved to dismiss Appellant's complaint
with prejudice, arguing that Appellant's complaint was
legally insufficient and should be considered a sham
pleading. The former husband further argued that
Appellant's claims were barred by either the statute of
limitations, collateral estoppel, or res judicata.
He further argued that Appellant could not assert entitlement
to certain property to pay a judgment which had not, at the
date of his motion, been entered as a final judgment subject
to execution, and that any transfers of real property and to
whom they may have been made is irrelevant and immaterial
unless they violate an existing court order, which Appellant
had failed to plead. Additionally, the former husband sought
attorney's fees pursuant to section 57.105, Florida
Statutes, and Florida Civil Rule of Procedure 1.420(d).
all of the co-defendants filed their respective motions to
dismiss, adopting the arguments of the former husband and
asserting, as additional grounds, that they owed no duty to
Appellant and that her complaint was premature because a
final money judgment had not been entered against the former
husband. Additionally, some of the co-defendants argued the
suit was nothing more than a ploy to harass them or the
hearing all of the motions to dismiss at one time, the trial
court granted them with prejudice. After her motion for rehearing was denied,
Appellant gave notice of appeal.
standard of review of orders granting motions to dismiss with
prejudice is de novo." Garnac Grain Co.,
Inc. v. Mejia, 962 So.2d 408, 410 (Fla. 4th DCA 2007)
(quoting Kreizinger, P.A. v. Schlesinger, P.A., 925
So.2d 431, 432 (Fla. 4th DCA 2006)). Our analysis in this
case is confined to review of the four corners of
Appellant's complaint and of the written order dismissing
the complaint with prejudice, which is silent as to the ...