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In Wells Fargo Bank, N.A. v. Rio Poco Homeowners’ Association, Inc. (Fla. 4th DCA 2026), the Fourth District Court of Appeal reversed the dismissal of a case that had been predicated on the failure to properly serve a pres-suit mediation demand.
Wells Fargo acquired a residential property through foreclosure. It then sued Rio Poco Homeowners’ Association over two issues: the amounts the Association represented as due in its estoppel certificate and the Association’s denial of access to the property after Wells Fargo acquired title. Before filing suit, Wells Fargo sent a presuit mediation demand as required by section 720.311, Florida Statutes. The complaint alleged that all conditions precedent had been “performed, waived, or have occurred.” The mediation demand itself was attached as an exhibit.
The trial court entered a default against the Association. The Association moved to vacate the default and sought dismissal of the complaint, arguing that Wells Fargo had failed to serve the mediation demand at the Association’s registered address by certified mail as required by section 720.311(2). The Association also raised this as an affirmative defense in its responsive pleading.
The trial court vacated the default and dismissed the complaint. In granting dismissal, the court pointed to the mediation demand exhibit but also relied on the Association’s response to the mediation demand and emails between the parties, which were documents that had not been attached to the complaint.
The Fourth DCA reversed. The court identified two independent grounds requiring reversal of the dismissal.
First, the four-corners rule. A motion to dismiss tests legal sufficiency, not factual issues. A court may not go beyond the complaint and its attached exhibits. Here, the trial court looked at two categories of outside materials: the Association’s response to the mediation demand, and party emails. Neither was attached to the complaint. That alone made dismissal improper.
Second, even if an argument could be made that the mediation demand exhibit revealed a technical defect in service, nothing in the complaint or its exhibits negated the waiver allegation. “In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred.” Fla. R. Civ. P. 1.120(c). The factual question of whether the Association waived compliance with section 720.311’s service requirements cannot be resolved on a motion to dismiss. It is premature and unsuitable for that stage of proceedings.
Takeaways:
- When drafting a complaint subject to a statutory presuit mediation requirement under Chapter 720, always plead both performance and waiver of all conditions precedent.
- Push back hard when trial courts reach outside the four corners of the complaint to resolve what are, at bottom, contested factual matters.
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