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336 So. 2d 1248

Wenner v. Foster

District Court of Appeal of Florida

Decided September 17, 1976

District Court of Appeal of Florida · decided 1976-09-17

Relies on 237 So. 2d 21 - Tiseo v. Arnold

Good law ✅— No negative treatment on recordhow we know

Decided 1976-09-17

How this case has been cited

Cited by 6 later decisions — most recently August 2015

6 state decisions

3019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Upon consideration of the record and brief of the appellant, appellee having failed to furnish the court with a brief, we determine that the trial court erred by going outside the four corners of the complaint in determining and granting dismissal of the third party second amended complaint with prejudice in favor of Foster. Tiseo v. Arnold, 237 So.2d 21 (Fla.App.1970).

¶2Accordingly, the order appealed is reversed and the cause remanded for further proceedings.

¶3Reversed and remanded.

MAGER, C. J., and CROSS and ALDERMAN, JJ., concur.
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