WILFRANC EUGENE AND MARIE L. EUGENE, APPELLANTS,
v.
PRESTCON, INC., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
This is an appeal from a final order of dismissal of a complaint with prejudice. We reverse because the trial court failed to confine itself to the four corners of the complaint in determining and granting the dismissal. Walker v. I.T.D. Industries, Inc., 437 So. 2d 230 (Fla. 2d DCA 1983); Wenner v. Foster, 336 So. 2d 1248 (Fla. 4th DCA 1976); Chaires v. North Florida Nat. Bank, 432 So. 2d 183 (Fla. 1st DCA 1983); Moncha v. Burger King Corp., 450 So. 2d 335 (Fla. 5th DCA 1984); East Naples Water Systems, Inc. v. Board of County Commissioners of Collier County, 457 So. 2d 1057 (Fla. 2d DCA 1984); Humber v. Ross, 452 So. 2d 1086 (Fla. 4th DCA 1984).
Accordingly, the order appealed is reversed and the cause remanded for further proceedings in accord with this opinion.
Reversed and Remanded.
HERSEY, C.J., and DELL and WALDEN, JJ., concur.
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Preston, Inc. v. Wilfranc Eugene and Marie L. Eugene, 568 So. 2d 969 (Fla. 4th DCA 1990)…, the order becomes final and section 440.11, Florida Statutes and estoppel by judgment apply to bar suit in circuit court. Id. at 759. REVERSED AND REMANDED WITH DIRECTIONS. GLICKSTEIN, POLEN and GARRETT, JJ., concur. . Eugene v. Prestcon, Inc., 528 So. 2d 1218 (Fla. 4th DCA 1988).…
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Mellish Enters., Inc. v. Weatherford Int'l, Inc., 678 So. 2d 913 (Fla. 4th DCA 1996)…ed when it considered matters outside the four corners of the complaint. E.g., Reed v. Sampson, 349 So. 2d 684, 685 (Fla. 4th DCA 1977). See also Sovran Equity Mortgage Corp. v. Parsons, 547 So. 2d 1044 (Fla. 4th DCA 1989); Eugene v. Prestcon, Inc., 528 So. 2d 1218 (Fla. 4th DCA 1988). The trial court also erroneously concluded that Mellish had to allege payment of the judgment in order to state a cause of action for indemnification. The entry of a judgment provides the prerequisite for an indemnification acti…
Authorities Cited
- Chaires v. N. Fla. Nat'l Bank, 432 So. 2d 183 (Fla. 1st DCA 1983)
- E. Naples Water Sys., Inc. v. The Bd. OF Cnty. Comm'rs OF Collier Cnty., 457 So. 2d 1057 (Fla. 2d DCA 1984)
- Carroso v. State, 437 So. 2d 230 (Fla. 2d DCA 1983)
- Walker v. I.T.D. Indus., Inc., 437 So. 2d 230 (Fla. 2d DCA 1983)
- Wenner v. Foster, 336 So. 2d 1248 (Fla. 4th DCA 1976)
- Bradberry v. Atl. Bank OF ST. Augustine, 336 So. 2d 1248 (Fla. 1st DCA 1976)
- Humber v. Thomas Ross, M.D., 452 So. 2d 1086 (Fla. 4th DCA 1984)
- R.S. Johnson and Margie Mae Johnson v. McWHITE, 450 So. 2d 335 (Fla. 1st DCA 1984)
- Tula Moucha v. Burger King Corp., 450 So. 2d 335 (Fla. 5th DCA 1984)