ISAAC CORIAT, APPELLANT,
v.
GLOBAL ASSURANCE GROUP, INC, AND MORGAN-WHITE ADMINISTRATORS, INC., APPELLEES
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PER CURIAM.
We reverse the final order dismissing the insured’s third amended complaint. A trial court when considering a motion to dismiss must look only to the four corners of the complaint including the attachments; and the allegations contained therein should be taken as true without regard to the pleader’s ability to prove them. See K.W. Brown and Co. v. McCutchen, 819 So. 2d 977 (Fla. 4th DCA 2002).
Here, the trial court granted the motion to dismiss and cited to Royal Caribbean Cruises, Ltd. v. Universal Employment Agency, 664 So. 2d 1107 (Fla. 3d DCA 1995). Royal Caribbean held that the cause of action arose out of contract and thus the contract clause requiring the claims to be settled by arbitration governed, even though the aetion sounded entirely in tort. See Royal Caribbean Cruises, Ltd. v. Universal Employment Agency, 664 So. 2d at 1107. The arbitration clause referred to in the motion to dismiss was not part of the complaint nor was it an attachment. Therefore dismissal on these grounds was incorrect. See Sigma Fin. Corp. v. Inv. Loss Recovery Serv., Inc., 673 So. 2d 572 (Fla. 4th DCA 1996). Accordingly, the order below is reversed.
Reversed.
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Biscayne Inv. Grp., Ltd. v. Guar. Mgmt. Servs., Inc., 903 So. 2d 251 (Fla. 3d DCA 2005)…, a trial court must look only to the four corners of the complaint including the attachments, and the allegations contained therein must be taken as true without regard to the pleader’s ability to prove them. Coriat v. Global Assurance Group, Inc., 862 So. 2d 743 (Fla. 3d DCA 2003). On appeal, this court must determine de novo whether the complaint alleges sufficient ultimate facts that would entitle the plaintiff to relief. Cohen v. American Home Assurance Co., 367 So. 2d 677, 681 (Fla. 3d DCA), cert. denie…
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Winter v. Miami Beach Healthcare Grp., Ltd., 917 So. 2d 973 (Fla. 3d DCA 2005)…n to dismiss must look only to the four corners of the complaint including the attachments; and the allegations contained therein should be taken as true without regard to the pleader’s ability to prove them.” Coriat v. Global Assurance Group, Inc., 862 So. 2d 743, 743 (Fla. 3d DCA 2003); Solorzano v. First Union Mortg. Corp., 896 So. 2d 847, 850 (Fla. 4th DCA 2005) (holding that “when ruling on a motion to dismiss, a trial court may not speculate whether a complaint’s allegations will ultimately be provable”…
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Marshall v. Amerisys, Inc., 943 So. 2d 276 (Fla. 3d DCA 2006)…rt is confined to the four corners of the complaint, including the attachments thereto, the allegations of which must be accepted as true and considered in the light most favorable to the nonmoving party. Id.; Coriat v. Global Assurance Group, Inc., 862 So. 2d 743, 743 (Fla. 3d DCA 2003). Considering the allegations in the first amended complaint, including the attachments thereto, in the light most favorable to Mr. Marshall and accepting them as true, the claims against Amerisys are based upon the following…
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- Royal Caribbean Cruises, Ltd. v. Universal Emp. Agency, 664 So. 2d 1107 (Fla. 3d DCA 1995)
- K.W. Brown & Co. v. McCUTCHEN, 819 So. 2d 977 (Fla. 4th DCA 2002)
- Sigma Fin. Corp. v. Inv. Loss Recovery Servs., Inc., 673 So. 2d 572 (Fla. 4th DCA 1996)