HOME SAVINGS ASSOCIATION OF FLORIDA, INC., A FLORIDA BANKING CORPORATION, APPELLANT,
v.
ATTORNEYS' TITLE INSURANCE FUND, A FLORIDA BUSINESS TRUST, APPELLEE
HOME SAVINGS ASSOCIATION OF FLORIDA, INC., A FLORIDA BANKING CORPORATION, APPELLANT,
ATTORNEYS' TITLE INSURANCE FUND, A FLORIDA BUSINESS TRUST, APPELLEE
479 So. 2d 191
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court properly considered the provisions of a contract, which was attached to and incorporated into the complaint by reference, in granting appellee’s motion to dismiss. Len Hazen Painters, Inc. v. Wood-Hopkins Construction Co., 396 So. 2d 1233 (Fla. 1st DCA 1981).
Affirmed.
BARKDULL and FERGUSON, JJ., concur.
Dissent
BASKIN, Judge
(dissenting).
Because the complaint and its accompanying documents state a cause of action, the trial court should have decided the claim on its merits. See Helms v. General Film Development Corp., 346 So. 2d 1064 (Fla. 3d DCA 1977). I would therefore reverse and remand for further consideration.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Sch. Bd. OF Polk Cnty. v. Polk Educ. Ass'n, 480 So. 2d 1360 (Fla. 1st DCA 1985)…ties’ stipulation in the record here states, in addition to the controlling portion quoted in note 1, supra: . Cf. the dictionary definition, note 4 supra of "confidential employee.” . Bolden v. State Department of Highway Safety & Motor Vehicles, 479 So. 2d 191 (Fla. 1st DCA November 21, 1985); State Department of Health & Rehabilitative Services v. Framat Realty, Inc., 407 So. 2d 238 (Fla. 1st DCA 1981).…
Authorities Cited
- Helms v. Gen. Film Dev. Corp., 346 So. 2d 1064 (Fla. 3d DCA 1977)
- LEN Hazen Painters, Inc. v. Wood-Hopkins Constr. Co., 396 So. 2d 1233 (Fla. 1st DCA 1981)