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PATRIOTCOM, INC. v. VEGA

No. 4D01-3688.

821 So.2d 1261 (2002)

PATRIOTCOM, INC., Appellant, v. Richard L. VEGA and Joseph Kohut, Appellees.

District Court of Appeal of Florida, Fourth District.

July 31, 2002.

Attorney(s) appearing for the Case

O.M. Amir, John Wien and Eleanor Weinberger of O.M. Amir & Company, Hallandale Beach, for appellant.

Brian J. Stack of Stack Fernandez Anderson Harris & Wallace, P.A., Miami, for appellees.

PER CURIAM.

We reverse the order of dismissal because the trial court went beyond the four corners of the complaint in determining the motion to dismiss. In particular, the trial court considered corporate documents not attached to the complaint and an improperly raised affirmative defense in appellee's motion to dismiss. It is well settled that it is error for a court to grant a dismissal based upon factual evidence not contained in, and contradictory to, the complaint...

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