Grabois v. Ultracare Ultrasound, Inc.

District Court of Appeal of Florida

Grabois v. Ultracare Ultrasound, Inc.

782 So. 2d 966, 2001 Fla. App. LEXIS 4773, 2001 WL 357088

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 2001

DocketNo. 3D00-485

StatusPublished

This text of 782 So. 2d 966 (Grabois v. Ultracare Ultrasound, Inc.) 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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Grabois v. Ultracare Ultrasound, Inc., 782 So. 2d 966, 2001 Fla. App. LEXIS 4773, 2001 WL 357088 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

The appellants appeal from an order of dismissal with prejudice of their cross-claim for indemnity or contribution from the appellees/co-defendants in a medical malpractice action. We reverse where the well-pled allegations stated a cause of action and the trial court impermissibly considered matters outside of the four corners of the pleading in granting this motion. See McBee v. Sandals Resorts Internat’l, Ltd., 659 So.2d 471 (Fla. 3d DCA 1995); Attias v. Faroy Realty Co., 609 So.2d 105 (Fla. 3d DCA 1992); Lewis v. Barnett Bank of South Fla., 604 So.2d 937 (Fla. 3d DCA 1992). Accordingly, we remand for further proceedings.

Reversed and remanded.

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PER CURIAM.

The appellants appeal from an order of dismissal with prejudice of their cross-claim for indemnity or contribution from the appellees/co-defendants in a medical malpractice action. We reverse where the well-pled allegations stated a cause of action and the trial court impermissibly considered matters outside of the four corners of the pleading in granting this motion. See McBee v. Sandals Resorts Internat’l, Ltd., 659 So.2d 471 (Fla. 3d DCA 1995); Attias v. Faroy Realty Co., 609 So.2d 105 (Fla. 3d DCA 1992); Lewis v. Barnett Bank of South Fla., 604 So.2d 937 (Fla. 3d DCA 1992). Accordingly, we remand for further proceedings.

Reversed and remanded.

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782 So. 2d 966, 2001 Fla. App. LEXIS 4773, 2001 WL 357088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grabois-v-ultracare-ultrasound-inc-fladistctapp-2001.

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