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holding that "the trial court impermissibly looked beyond the four corners of the complaint" in dismissing it
Summary of this case from Cook v. McMillanOpinion
Case No. 4D02-1009.
Opinion filed April 9, 2003.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patricia W. Cocalis, Judge; L.T. Case No. 00-7716(04).
Steven E. Stark, June G. Hoffman and Patrick E. Gonya, Jr., of Fowler White Burnett, P.A., Miami, for appellants.
Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham Ford, P.A., Fort Lauderdale, for appellees Vizcaya at Palm-Aire Association, Inc., Jack Berman, Martin Biafora, Ralph Calatchi, Elcio Gaz, Harold Gold, John Hertz, Ira Kinsler, Lee Mailloux, Conrad Moore, Ciro Nessumo, Seymour Oliet, Mark Warshaw and Sig Warshaw.
Jason H. Okleshen and Mark A. Greenberg of Powers, McNalis Moody, Lake Worth, for appellee Stu Glassman.
We have for review an order of the trial court dismissing with prejudice the appellants' seven-count complaint, citing res judicata, a prior settlement agreement, and the insufficiency of the allegations as to the individual board members. We hold that, in dismissing the seven counts, the trial court impermissibly looked beyond the four corners of the complaint. See Lost Tree Village Corp. v. City of Vero Beach, 27 Fla. L. Weekly D2454, D2456 (Fla. 4th DCA Nov. 13, 2002) ("`A court may not go beyond the four corners of the complaint and must accept the facts alleged therein and exhibits attached as true.'") (quoting Taylor v. City of Riviera Beach, 801 So.2d 259, 262 (Fla. 4th DCA 2001), review denied, 821 So.2d 293 (Fla. 2002)). Moreover, at this juncture, none of the alternative grounds advanced by the appellees are sufficient to save the dismissal with prejudice. Accordingly, we reverse and remand for further proceedings.
REVERSED and REMANDED.
STEVENSON, HAZOURI and MAY, JJ., concur.