Hernando County, a political subdivision of the State of Florida v. McGee & Mason, PA, and Joseph Mason, Esquire

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2025-0708
LT Case No. 27-2024-CA-540
_____________________________
HERNANDO C OUNTY, a political
subdivision of the STATE OF
F LORIDA,
Appellant,
v.
MCG EE & M ASON , P.A., AND
J OSEPH MASON , E SQUIRE,
Appellees.
_____________________________
Nonfinal appeal from the Circuit Court for Hernando County.
Don Collins Barbee, Jr., Judge.
Melissa A. Tartaglia and Jon A. Jouben, of Hernando County
Attorney’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 	of
Florida, appeals the trial court’s non-final order denying its motion
to dismiss the multi-count complaint of McGee & Mason, P.A. and

2
Joseph Mason, Esquire (“Appellees”), in which Appellees sought
payment of outstanding attorney’s fees for services they allegedly
performed for and billed to the City of Weeki Wachee before that
city was legally dissolved. 	Hernando County moved to dismiss
claiming, inter alia, that sovereign immunity barred the Appellees’
claims. We have jurisdiction pursuant to Florida Rule of Appellate
Procedure 9.130(a)(3)(F)(iii). 	In its motion to dismiss, Hernando
County relies on matters not found within the four corners of the
complaint 	or 	attachments 	thereto. 	The 	trial 	court 	correctly
determined that was beyond the scope of what it could properly
consider when ruling on a motion to dismiss. 	See Enlow 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. 5th
DCA 2017) (additional citation omitted)). Therefore, we affirm and
remand for further proceedings.
A FFIRMED and R EMANDED.
M AKAR and E ISNAUGLE, JJ., concur.
_____________________________
Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________