Lawson v. Frank, 197 So. 3d 1269

Plaintiff David B. Lawson (pro se, incarcerated) filed suit alleging defendant Robert Frank unlawfully detained Lawson's late mother’s house; Lawson claimed possession as his mother’s attorney‑in‑fact.
Original county court complaint (2010) was amended to add a monetary damages claim and transferred to circuit court due to amount in controversy.
Over several years Lawson attempted discovery and repeatedly asked the court to set the case for trial, filing an “Amended Motion for Trial” in 2015 requesting a telephonic trial.
The circuit court, without a hearing or any pending motion to dismiss, entered an order denying the motion for trial and sua sponte dismissed the amended complaint, stating Lawson failed to state a cause of action and lacked standing.
The order dismissed with prejudice and gave Lawson no opportunity to amend; defendant’s response never challenged Lawson’s standing and primarily denied liability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court may sua sponte dismiss the complaint for lack of standing and failure to state a claim without notice/hearing	Lawson contended he was entitled to possession as attorney‑in‑fact for his mother and sought resolution at trial	Frank did not raise standing or a legal sufficiency defense in his response; he denied liability	Court reversed: sua sponte dismissal on unpleaded grounds denied due process; reversal required
Whether dismissal without granting leave to amend was proper where complaint may have been deficient	Lawson implicitly requested trial and had not been given chance to amend pleadings	Court had concluded pleading was insufficient and that Lawson lacked standing	Court held dismissal without opportunity to amend was improper; plaintiff should have been allowed to amend if pleading defective and case proceeded to trial if at issue

Eagle v. Eagle, 632 So. 2d 122 (Fla. 1st DCA 1994) (appellate court jurisdiction where trial court entered final adjudication on merits by sua sponte order)
Barile v. Gayheart, 80 So. 3d 1085 (Fla. 2d DCA 2012) (sua sponte dismissal on unpleaded grounds denies due process)
Liton Lighting v. Platinum Television Grp., Inc., 2 So. 3d 366 (Fla. 4th DCA 2008) (notice and opportunity to be heard required before striking pleadings sua sponte)
Hancock v. Tipton, 732 So. 2d 369 (Fla. 2d DCA 1999) (orders adjudicating issues not presented or litigated deny fundamental due process)
Sanchez v. LaSalle Bank Nat'l Ass'n, 44 So. 3d 227 (Fla. 3d DCA 2010) (trial court should not strike pleadings sua sponte for legal insufficiency)
Rohlwing v. Myakka River Real Props., Inc., 884 So. 2d 402 (Fla. 2d DCA 2004) (leave to amend should be afforded when pleadings are deficient)
Jaffer v. Chase Home Fin., LLC, 155 So. 3d 1199 (Fla. 4th DCA 2015) (affirmative defenses like lack of standing are waived if not timely raised)