Wenner v. Foster

336 So. 2d 1248
District Court of Appeal of Florida·Decided September 17, 1976·No. No. 76-663·Published·Cited by 3 cases

Opinion

PER CURIAM.

Upon consideration of the record and brief of the appellant, appellee having failed to furnish the court with a brief, we determine that the trial court erred by going outside the four corners of the complaint in determining and granting dismissal of the third party second amended complaint with prejudice in favor of Foster. Tiseo v. Arnold, 237 So.2d 21 (Fla.App.1970).

Accordingly, the order appealed is reversed and the cause remanded for further proceedings.

Reversed and remanded.

MAGER, C. J., and CROSS and ALDERMAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Wenner v. Foster, 336 So. 2d 1248 (Fla. Ct. App. 1976).

336 So. 2d 1248 (Wenner v. Foster) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Facchina v. Mutual Benefits Corp.
735 So. 2d 499 (District Court of Appeal of Florida, 1999)
Sovran Bank, NA v. Parsons
547 So. 2d 1044 (District Court of Appeal of Florida, 1989)
Eugene v. Prestcon, Inc.
528 So. 2d 1218 (District Court of Appeal of Florida, 1988)