SOUTH FLORIDA IMAGING AND DIAGNOSTIC CENTER INC. D/B/A TESLA MRI A/A/O KYLAHIA CAMPBELL
v.
DIRECT GENERAL INSURANCE COMPANY
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A trial court errs in considering documents outside the four corners of the complaint when ruling on a motion to dismiss.
[1] On a motion to dismiss, a court is limited to consideration of the complaint and documents that are incorporated therein by reference or which are matters of public recor…
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Join FLexlaw to unlock all legal intelligenceSouth Florida Imaging and Diagnostic Center filed a case against Direct General Insurance Company. The circuit court granted the defendant's motion to…
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ON CONFESSION OF ERROR PER CURIAM. Appellant South Florida Imaging appeals the circuit court’s order that granted appellee Direct General Insurance Company’s motion to dismiss and dismissed the case. Appellant argues the circuit court incorrectly considered documents outside of the four corners of the complaint. In response, appellee commendably confesses error. Based on appellee’s proper confession of error, we reverse the circuit court’s dismissal and remand for further proceedings.
Reversed and remanded. MAY, CIKLIN and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.