MILISAV KUTLESIC, APPELLANT,

v.

GUARDIANSHIP OF KATIA KUTLESIC, APPELLEE

Citator

Cited By (13 total)

• Morton L. Ginsberg & MLG Props., Inc. v. Lennar Fla. Holdings, 645 So. 2d 490 (Fla. 3d DCA 1994)
  …ched several documents to its amended complaint as exhibits. When a party attaches exhibits to the complaint those exhibits become part of the pleading and the court will review those exhibits accordingly. See and compare Franz Tractor v. J.I. Case, 566 So. 2d 524 (Fla. 2d DCA 1990); Health Application Systems v. Hartford Life Ins., 381 So. 2d 294 (Fla. 1st DCA 1980); McClurkin v. Parrish Volvo, 317 So. 2d 85 (Fla. 1st DCA 1975). We are not bound by Lennar’s interpretation of the attached exhibits. The conclu…
• Magnum Cap., LLC v. Carter & Assocs., LLC, 905 So. 2d 220 (Fla. 1st DCA 2005)
  …aint as admitted and to draw all reasonable inferences in favor of the pleading party. See id. However, if documents are attached to a complaint and conclusively negate a claim, the pleadings can be dismissed. See Franz Tractor Co. v. J.I. Case Co., 566 So. 2d 524, 526 (Fla. 2d DCA 1990). If it is apparent that the claim cannot be cured by amendment, the dismissal may be with prejudice. See Kairalla v. John D. and Catherine T. MacArthur Found., 534 So. 2d 774, 775 (Fla. 4th DCA 1988) (“[A] dismissal with prej…
• Warren v. Dairyland Ins. Co., 662 So. 2d 1387 (Fla. 4th DCA 1995)
  …da Holdings, Inc., 645 So. 2d 490, 494 (Fla. 3d DCA 1994), review denied, 659 So. 2d 272 (Fla.1995); Harry Pepper & Assocs., Inc. v. Lasseter, 247 So. 2d 736 (Fla. 3d DCA), cert. denied, 252 So. 2d 797 (Fla.1971); Franz Tractor Co. v. J.I. Case Co., 566 So. 2d 524, 526 (Fla. 2d DCA 1990). In this case, however, although the exhibits attached to the complaint do not clearly show that Dairyland was the primary insurance carrier, neither do the exhibits expressly negate this allegation or any other allegations o…

Authorities Cited

• In re Adoption OF A. M. L., 297 So. 2d 840 (Fla. 2d DCA 1974)
• Jones v. Jones, 359 So. 2d 579 (Fla. 1st DCA 1978)