LEWIS v. BARNETT BANK

No. 92-87.

604 So.2d 937 (1992)

James C. LEWIS, Jr., as Personal representative of the Estate of James C. Lewis, Deceased, Appellant, v. BARNETT BANK OF SOUTH FLORIDA, N.A., Appellee.

District Court of Appeal of Florida, Third District.

September 22, 1992.


Attorney(s) appearing for the Case

Thomas F. Martin, South Miami, for appellant.

Rosenberg & Rothman and Sheldon Rosenberg, Miami, for appellee.

Before HUBBART, NESBITT and JORGENSON, JJ.


PER CURIAM.

This is an appeal from a final order dismissing the plaintiff's second amended complaint with prejudice. Because (a) the trial court admittedly based its dismissal on facts outside the four corners of the complaint, and (b) the complainant otherwise pleads viable causes of action, the order under review is reversed and the cause is remanded to the trial court for further proceedings. The law is well settled that a motion to dismiss a complaint is not a...

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