WILY F. PIVARAL, ET AL.
v.
HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY
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When ruling on a motion to dismiss, a court must limit itself to the four corners of the complaint, including any attached or incorporated exhibits.
[1] When reviewing a motion to dismiss, a court must confine its examination to the allegations within the four corners of the complaint, including any documents attached to…
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Join FLexlaw to unlock all legal intelligence“When ruling on a motion to dismiss, the Court 'must limit itself to the four corners of the complaint, including any attached or incorporated exhibits, . . .'”
The court cited Skupin v. Hemisphere Media Group, Inc., 314 So. 3d 353, 355 (Fla. 3d DCA 2020) to support the standard for reviewing motions to dismiss.
Wily F. Pivaral and others filed a complaint against Homeowners Choice Property & Casualty Insurance Company. The trial court dismissed the complaint.…
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Third District Court of Appeal State of Florida
Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.
No. 3D23-1995 Lower Tribunal No. 22-10137
Wily F. Pivaral, et al., Appellants, vs. Homeowners Choice Property & Casualty Insurance Company, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.
Shield Law Group of Florida, LLC and Jamie Alvarez (Davie), for appellants. Kelley Kronenberg, and Andrew A. Labbe (Fort Lauderdale), for appellee.
Before FERNANDEZ, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Skupin v. Hemisphere Media Group, Inc., 314 So. 3d
353, 355 (Fla. 3d DCA 2020) (“When ruling on a motion to dismiss, the Court ‘must limit itself to the four corners of the complaint, including any attached or incorporated exhibits, . . .’”) (internal citation omitted).
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