Florida District Courts of Appeal, 1976

Wenner v. Foster

Florida District Courts of Appeal · Decided September 17, 1976 · Alderman, Cross, Mager

336 So. 2d 1248 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Facchina v. Mutual Benefits Corp. (Fla. Dist. Ct. App. 1999)
Sovran Bank, NA v. Parsons (Fla. Dist. Ct. App. 1989)
Eugene v. Prestcon, Inc. (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Upon consideration of the record and brief of the appellant, appellee having failed to furnish the court with a brief, we determine that the trial court erred by going outside the four corners of the complaint in determining and granting dismissal of the third party second amended complaint with prejudice in favor of Foster. Tiseo v. Arnold, 237 So.2d 21 (Fla.App. 1970).

Accordingly, the order appealed is reversed and the cause remanded for further proceedings.

Reversed and remanded.

MAGER, C. J., and CROSS and ALDERMAN, JJ., concur.

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