First National Life Insurance Co. v. Baccadutre

District Court of Appeal of Florida

First National Life Insurance Co. v. Baccadutre

650 So. 2d 1118, 1995 Fla. App. LEXIS 1855, 1995 WL 73581

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1995

DocketNo. 93-3013

StatusPublished

This text of 650 So. 2d 1118 (First National Life Insurance Co. v. Baccadutre) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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First National Life Insurance Co. v. Baccadutre, 650 So. 2d 1118, 1995 Fla. App. LEXIS 1855, 1995 WL 73581 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Appellant seeks review of a final order dismissing its third-party complaint with [1119]*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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PER CURIAM.

Appellant seeks review of a final order dismissing its third-party complaint with [1119]*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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650 So. 2d 1118, 1995 Fla. App. LEXIS 1855, 1995 WL 73581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-life-insurance-co-v-baccadutre-fladistctapp-1995.

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