THOMAS LEVINS
v.
ROLAND PELTIER
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When an exhibit attached to a complaint negates the pleader's cause of action through plain language, the document controls and may support a motion to dismiss.
[1] When an exhibit attached to a complaint contains unambiguous plain language that negates the pleader's cause of action, the document controls and may serve as the basis f…
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Join FLexlaw to unlock all legal intelligence“If an exhibit attached to a complaint negates the pleader's cause of action, the plain language of the document will control and may be the basis for a motion to dismiss”
Warren v. Dairyland Ins. Co., 662 So. 2d 1387, 1388 (Fla. 4th DCA 1995)
Thomas Levins appealed from a county court decision in Martin County involving a dispute where relevant documents were attached to the complaint.…
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Appeal from the County Court for the Nineteenth Judicial Circuit, Martin County; Jennifer Waters, Judge; L.T. Case No. 43-2020-CC-000140.
Thomas Levins, Okeechobee, pro se. Elizabeth M. Rodriguez of Ford & Harrison, LLP, Miami, for appellee. PER CURIAM. Affirmed. See Warren v. Dairyland Ins. Co., 662 So. 2d 1387, 1388 (Fla. 4th DCA 1995) (stating that “[i]f an exhibit attached to a complaint negates the pleader’s cause of action, the plain language of the document will control and may be the basis for a motion to dismiss”); Churchville v. GACS Inc., 973 So. 2d 1212, 1215 (Fla. 1st DCA 2008) (indicating that “[t]he validity and effect of a settlement and release are governed by contract law”); Custom Marine Sales, Inc. v. Boywic Farms, Ltd., 245 So. 3d 791, 792 (Fla. 4th DCA 2018) (observing that “[w]hen the language of a contract is unambiguous, it must be enforced based on its plain language”). GROSS, FORST and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Speer v. State, 973 So. 2d 1212 (Fla. 5th DCA 2008)
- Warren v. Dairyland Ins. Co., 662 So. 2d 1387 (Fla. 4th DCA 1995)
- Custom Marine Sales, Inc v. Boywic Farms, Ltd, 245 So. 3d 791 (Fla. 4th DCA 2018)