FNC contends that the plaintiffs have waived this theory by failing to assert this ground in the Complaint. Although the plaintiffs did not assert this ground in the Complaint, in opposing the motion for summary judgment, the plaintiffs argued that there were issues of material fact as to whether Mr. Cisneros was FNC’s apparent agent. At the summary judgment hearing, FNC’s counsel argued that apparent agency was not pled in the Complaint. A review of the Complaint demonstrates that the plaintiffs failed to allege that Mr. Cisneros. was FNC’s apparent agent at the time of the accident. We agree with FNC that issues that are not pled in a complaint cannot be considered by the trial court at a summary judgment hearing. Am. Title Ins. Co. v. Carter, 670 So.2d 1115 (Fla. 5th DCA 1996)(<HOLDING>); Hemisphere Nat’l Bank v. Goudie, 504 So.2d
holding that trial court erred in considering pro se motion for new trial filed when defendant was represented by counsel holding that under florida law a court hearing a case on a motion for a summary judgment can only consider those issues raised by the pleadings holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion holding that the trial court may not grant summary judgment on a ground not raised in the motion