Dober v. Worrell

In Dober v. Worrell, 401 So. 2d 1322 (Fla. 1981), the Court quashed a district court's decision to allow a party to prevail on issues not framed by the pleadings. In Dober, Justice Overton adamantly professed the Court's displeasure with the idea that a claim could be successfully raised at the appellate level: "It is our view that a procedure which allows an appellate court to rule on the merits of a trial court judgment and then permits the losing party to amend his initial pleadings to assert matters not previously raised renders a mockery of the "finality" concept in our system of justice. Clearly, this procedure would substantially extend litigation, expand its costs, and, if allowed, would emasculate summary judgment procedure." (Dober, 401 So. 2d at 1324.)