HERNANDO COUNTY, a politicalsubdivision of the STATE OF
FLORIDA,
Appellant,
v.
MCGEE & MASON, P.A., ANDJOSEPH MASON, ESQUIRE,
Appellees.
Nonfinal appeal from the Circuit Court for Hernando County.Don Collins Barbee, Jr., Judge.
Melissa A. Tartaglia and Jon A. Jouben, of Hernando CountyAttorney’s Office, Brooksville, for Appellant.
Robert Bruce Snow, of Robert Bruce Snow, P.A., Brooksville,for Appellees.
March 27, 2026
EDWARDS, J.
Hernando County, a political subdivision of the state ofFlorida, appeals the trial court’s non-final order denying its motionto dismiss the multi-count complaint of McGee & Mason, P.A. and
Original opinion page 2
2Joseph Mason, Esquire (“Appellees”), in which Appellees soughtpayment of outstanding attorney’s fees for services they allegedlyperformed for and billed to the City of Weeki Wachee before thatcity was legally dissolved. Hernando County moved to dismissclaiming, inter alia, that sovereign immunity barred the Appellees’claims. We have jurisdiction pursuant to Florida Rule of AppellateProcedure 9.130(a)(3)(F)(iii). In its motion to dismiss, HernandoCounty relies on matters not found within the four corners of thecomplaint or attachments thereto. The trial court correctlydetermined that was beyond the scope of what it could properlyconsider when ruling on a motion to dismiss. SeeEnlow v. E.C.Scott Wright, P.A., 274 So. 3d 1192, 1193 (Fla. 5th DCA 2019)(citing Busch v. Lennar Homes, LLC, 219 So. 3d 93, 94 (Fla. 5thDCA 2017) (additional citation omitted)). Therefore, we affirm andremand for further proceedings.AFFIRMED and REMANDED.MAKAR and EISNAUGLE, JJ., concur._____________________________Not final until disposition of any timely andauthorized motion under Fla. R. App. P. 9.330 or9.331._____________________________
Opinion text and original PDF from Florida Fifth District Court of Appeal · Source opinion