Home Savings Ass'n of Florida v. Attorneys' Title Insurance Fund

ON MOTION FOR REHEARING

The trial court properly considered the provisions of a contract, which was attached to and incorporated into the complaint by reference, in granting appellee’s motion to dismiss. Len Hazen Painters, Inc. v. Wood-Hopkins Construction Co., 396 So.2d 1233 (Fla. 1st DCA 1981).

Affirmed.

BARKDULL and FERGUSON, JJ., concur.

(dissenting).

Because the complaint and its accompanying documents state a cause of action, the trial court should have decided the claim on its merits. See Helms v. General Film Development Corp., 346 So.2d 1064 (Fla. 3d DCA 1977). I would therefore reverse and remand for further consideration.