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EHMANN v. FLORIDA NAT. BANK AT OCALA

No. 87-516.

515 So.2d 1063 (1987)

Dirk D. EHMANN, et al., Appellants, v. FLORIDA NATIONAL BANK AT OCALA, Appellee.

District Court of Appeal of Florida, Fifth District.

November 25, 1987.

Attorney(s) appearing for the Case

Joseph W. Fleece, III, of Belcher & Fleece, P.A., St. Petersburg, for appellants.

John R. Crawford and Susan L. Smith of Ridge & Crawford, P.A., Jacksonville, for appellee.

COBB, Judge.

In this case the trial judge dismissed the plaintiffs' complaint based upon an existing court file with which he was familiar. On a motion to dismiss, the court must look solely to the complaint and may not consider defenses which do not appear on the face of the complaint. Margerum v. Ross Builders, Inc., 427 So.2d 261 (Fla. 5th DCA 1983); Lewis v. Connecticut General Life Insurance Company,

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