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WALLEN v. ISAAC

No. 89-01737.

561 So.2d 469 (1990)

Jack D. WALLEN, Daniel B. Wallen, and Bambi Wallen, Appellants, v. Jerome ISAAC, M.D., and Jerome Isaac, M.D., P.A., Appellees.

District Court of Appeal of Florida, Second District.

May 23, 1990.

Attorney(s) appearing for the Case

Thomas M. Fitzgibbons, Sarasota, for appellants.

Claire L. Hamner of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Sarasota, for appellees.

PER CURIAM.

We reverse the trial court's dismissal of the complaint. The dismissal was based upon matters not contained in the complaint. See Temples v. Florida Industrial Construction Co., 310 So.2d 326, 327 (Fla. 2d DCA 1975).

Reversed and remanded for proceedings consistent herewith.

SCHOONOVER, A.C.J., LEHAN and FRANK...

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