Aguila v. Hilton, Inc., 878 So.2d 392, 396 (Fla. 1st DCA 2004). “Instead, the defendant's conduct must create the risk or control the situation before liability may be imposed.” Jordan v. Nienhuis, 203 So.3d 974, 978 (Fla. 5th DCA 2016). “There must also be some evidence that the risk was created by the alleged negligence of the defendant.”

First, a special relationship arises when law enforcement gives the victim "an express promise or assurance of assistance," the victim "justifiabl[y] reli[es] on the promise," and the victim suffers harm "because of the reliance upon the express promise." Pierre v. Jenne , 795 So. 2d 1062, 1064 (Fla. 4th DCA 2001) ; accordJordan v. Nienhuis , 203 So. 3d 974, 977 (Fla. 5th DCA 2016). The Bauers allege none of these elements.

Instead, the defendant's conduct must create the risk or control the situation before liability may be imposed." Jordan v. Nienhuis , 203 So.3d 974, 978 (Fla. 5th DCA 2016). In his Response, Plaintiff suggests that Holstine created the dangerous situation by failing to communicate with Haman, Canela, and the other law enforcement officers about Christopher's mental condition.

It is insufficient to plead opinions, theories, legal conclusions or argument."); Jordan v. Nienhuis, 203 So.3d 974, 976 (Fla. 5th DCA 2016) ("[G]eneral, vague and conclusory statements are insufficient to satisfy the requirement that a pleader allege a short and plain statement of the ultimate facts showing the pleader is entitled to relief.")

[1] "A trial court’s order granting a motion to dismiss with prejudice is reviewed de novo." Jordan v. Nienhuis, 203 So. 3d 974, 975 (Fla. 5th DCA 2016). Throughout this appeal, the parties have spent inordinate amounts of time arguing about the fraud allegations, whether a cause of action was sufficiently pled, and whether, if allowed to amend his petition, Chauncy could make a stronger case for fraud.

Our review of this final order is de novo. See Jordan v. Nienhuis, 203 So.3d 974, 976 (Fla. 5th DCA 2016) ("A trial court's order granting a motion to dismiss with prejudice is reviewed de novo.").

Aguila v. Hilton, Inc., 878 So. 2d 392, 396 (Fla. 1st DCA 2004). "Instead, the defendant's conduct must create the risk or control the situation before liability may be imposed." Jordan v. Nienhuis , 203 So. 3d 974, 978 (Fla. 5th DCA 2016). On appeal, Lee argues that the Sheriff's office had a "no fraternization" policy to avoid the very dangers presented by her complaint—the abuse of a deputy's authority.

We affirm without discussion the trial court's finding that the amended complaint did not sufficiently state a cause of action. See Jordan v. Nienhuis, 203 So. 3d 974, 976 (Fla. 5th DCA 2016) ("[G]eneral, vague and conclusory statements are insufficient to satisfy the requirement that a pleader allege 'a short and plain statement of the ultimate facts showing the pleader is entitled to relief. . . .'" (citing Fla. R. Civ. P. 1.110(b))). However, the trial court erred when it refused to permit Landlord to amend and dismissed the case with prejudice.

For purposes of assessing the adequacy of the pleading of a claim, we take the factual allegations in the complaint as true and draw all reasonable inferences in favor of the pleader. Jordan v. Nienhuis, 203 So. 3d 974, 976 (Fla. 5th DCA 2016) ; Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So. 3d 484, 485 (Fla. 5th DCA 2015). We cannot look further than the complaint and its attachments when considering a dismissal motion.

In assessing the adequacy of a complaint, we take the factual allegations in the complaint as true and draw all reasonable inferences in favor of the pleader. Jordan v. Nienhuis, 203 So.3d 974, 976 (Fla. 5th DCA 2016) ; Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So.3d 484, 485 (Fla. 5th DCA 2015). We do not look beyond the complaint and its attachments when considering a dismissal motion.