Florida District Courts of Appeal, 1990

Wallen v. Isaac

Florida District Courts of Appeal · Decided May 23, 1990 · Frank, Lehan, Schoonover

561 So. 2d 469; 1990 Fla. App. LEXIS 3780; 1990 WL 68722 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We reverse the trial court’s dismissal of the complaint. The dismissal was based upon matters not contained in the complaint. See Temples v. Florida Industrial Construction Co., 310 So.2d 326, 327 (Fla. 2d DCA 1975).

Reversed and remanded for proceedings consistent herewith.

SCHOONOVER, A.C.J., LEHAN and FRANK, JJ., concur.

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