WENNER v. FOSTER

No. 76-663.

336 So.2d 1248 (1976)

George WENNER and Rabena Wenner, His Wife, Appellants, v. Richard A. FOSTER et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 17, 1976.


Attorney(s) appearing for the Case

Charles A. Finkel of Long & Finkel, Hallandale, for appellants.

No appearance for appellees.


PER CURIAM.

Upon 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).

Accordingly, the order appealed...

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