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Florida District Courts of Appeal, 1995

First National Life Insurance Co. v. Baccadutre

First National Life Insurance Co. v. Baccadutre
Florida District Courts of Appeal · Decided February 24, 1995 · Benton, Miner, Webster
650 So. 2d 1118; 1995 Fla. App. LEXIS 1855; 1995 WL 73581 (Southern Reporter, Second Series)

First National Life Insurance Co. v. Baccadutre

Opinion of the Court

PER CURIAM.

Appellant seeks review of a final order dismissing its third-party complaint with *1119prejudice. Because it is apparent from the record that, in granting the third-party defendant’s motion to dismiss, the trial court relied upon matters not contained -within the four corners of the complaint, we reverse. E.g., Varnes v. Dawkins, 624 So.2d 349 (Fla. 1st DCA 1993); Fish v. Post of Amvets No. 85, 560 So.2d 337 (Fla. 1st DCA 1990); Crews v. Ellis, 531 So.2d 1372 (Fla. 1st DCA 1988).

REVERSED.

MINER, WEBSTER and BENTON, JJ., concur.

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