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Eugene v. Prestcon, Inc.

District Court of Appeal of Florida, Fourth District
Aug 24, 1988
528 So. 2d 1218 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-3381.

June 29, 1988. Rehearing Denied August 24, 1988.

Appeal from the Circuit Court for Broward County; Linda L. Vitale, Judge.

Robert C. Rogers, Jr., of Bohannon Rogers, Fort Lauderdale, for appellants.

Mark Wilensky of Levy, Kneen, Boyes, Wiener, Goldstein Kornfeld, P.A., West Palm Beach, for appellee.


This is an appeal from a final order of dismissal of a complaint with prejudice. We reverse because the trial court failed to confine itself to the four corners of the complaint in determining and granting the dismissal. Walker v. I.T.D. Industries, Inc., 437 So.2d 230 (Fla. 2d DCA 1983); Wenner v. Foster, 336 So.2d 1248 (Fla. 4th DCA 1976); Chaires v. North Florida Nat. Bank, 432 So.2d 183 (Fla. 1st DCA 1983); Moucha v. Burger King Corp., 450 So.2d 335 (Fla. 5th DCA 1984); East Naples Water Systems, Inc. v. Board of County Commissioners of Collier County, 457 So.2d 1057 (Fla. 2d DCA 1984); Humber v. Ross, 452 So.2d 1086 (Fla. 4th DCA 1984).

Accordingly, the order appealed is reversed and the cause remanded for further proceedings in accord with this opinion.

Reversed and Remanded.

HERSEY, C.J., and DELL and WALDEN, JJ., concur.


Summaries of

Eugene v. Prestcon, Inc.

District Court of Appeal of Florida, Fourth District
Aug 24, 1988
528 So. 2d 1218 (Fla. Dist. Ct. App. 1988)
Case details for

Eugene v. Prestcon, Inc.

Case Details

Full title:WILFRANC EUGENE AND MARIE L. EUGENE, APPELLANTS, v. PRESTCON, INC., A…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 24, 1988

Citations

528 So. 2d 1218 (Fla. Dist. Ct. App. 1988)

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