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SKUBAL v. COOLEY

No. 93-2249.

639 So.2d 1126 (1994)

Thomas L. SKUBAL, Appellant, v. William O. COOLEY and Arthur J. Petrie, as general partners of Welleby Partners, Ltd., a Florida limited partnership, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

July 27, 1994.

Attorney(s) appearing for the Case

Howard A. Tescher of Kipnis, Tescher, Lippman, Valinsly & Kain, Fort Lauderdale, for appellant.

Joseph A. Hubert, Fort Lauderdale, for appellees.

PER CURIAM.

By granting appellees' motion for judgment on the pleadings, the trial court entered a final order dismissing appellant Skubal's counterclaim. To so rule, the court considered factual matters outside the pleadings. See Fla.R.Civ.P. 1.100(a) (defining "pleadings"). A motion for judgment on the pleadings under rule 1.140(c), Florida Rules of Civil Procedure must be decided on the pleadings, without reference to facts which may be properly considered...

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