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JORDAN v. GRILEY

No. 95-1926.

667 So.2d 493 (1996)

Cynthia JORDAN, A.T. Mattox, Barbara Stevens, Darlene Brown, Lynn Rush, Ron Williams, Damon Johnson, Rosa Lee, Shirley Davis, Antoinette Semper, Donna Larry, Lovella Hall, Leroy Tullis, Lenette Lewis, Eugene Lamb, Elester Taylor, James Cecil, Cassandra O'Neil, Major Brown, Andrea Corinthian, Jeraldine Brown, Jacob McConnell, Eugene Dames, Valencia Miller, Jimmie Williams, Laura Stubbs, Dalio Cardenas, Esperanza Alonzo, Ida Gadson, Mary Toles, Ronald Middleton, Lillie Larry, Carlton Howard, Ernestine Larry, Joan Rutherford, Sandra Thompson, Cecil Clark, Appellants, v. George GRILEY, Appellee.

District Court of Appeal of Florida, Third District.

February 7, 1996.

Attorney(s) appearing for the Case

Legal Services of Greater Miami, Inc. and Barbara Goolsby, Miami, for appellants.

Melvyn R. Rubin, Davie, for appellee.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.

PER CURIAM.

This is an appeal from a final order dismissing appellee George Griley as a party defendant in appellants' lawsuit. Griley's motion to dismiss was based on factual matters which were outside the second amended complaint. As stated in Lewis v. Barnett Bank, 604 So.2d 937 (Fla. 3d DCA 1992):

The law is well settled that a motion to dismiss a complaint is not a motion for summary judgment in which the court...

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