Affirmative Defenses May Be Raised in Limited Circumstances in a Motion to Dismiss

Affirmative defenses cannot be raised by a motion to dismiss, unless “the face of the complaint is sufficient to demonstrate the existence of the defense.” Wallisville Corp. v. McGuinness, 154 So.3d 501, 504 (Fla. 4th DCA 2015). See also, Stubbs v. Plantation Gen. Hosp. Ltd. P’ship, 988 So.2d 683 (Fla. 4th DCA 2008). We reverse and remand for the circuit court to consider the issues by way of summary judgment or an evidentiary hearing.