Wenner v. Foster

District Court of Appeal of Florida

Wenner v. Foster

336 So. 2d 1248

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1976

DocketNo. 76-663

StatusPublished

Cited by3 cases

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

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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.

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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.

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336 So. 2d 1248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wenner-v-foster-fladistctapp-1976.

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