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HELTON v. GUNDERSON

No. 3D01-1407.

802 So.2d 1152 (2001)

Kris Edward HELTON, Appellant, v. Marcella M. GUNDERSON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 5, 2001.

Attorney(s) appearing for the Case

Kris Helton, in proper person.

Mark L. Willis, for appellee.

Before GREEN and FLETCHER, JJ., and NESBITT, Senior Judge.

PER CURIAM.

The plaintiff, Kris Edward Helton, appeals the trial court's sua sponte dismissal of Count I of his complaint for failure to attach a copy of the contract upon which he is suing. The defendant claims, and we agree, that the existence of the alleged contract is a matter to be proved at trial, and that Helton should be permitted to attempt to prove his case. See Amiker v. Mid-Century Ins. Co., 398 So.2d 974

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