ALBERT PROPERTIES, INC., a Florida corporation, and Peter A. Albert, Appellants,
v.
VIZCAYA AT PALM-AIRE ASSOCIATION, INC., a Florida corporation, Jack Berman, Martin Biafora, Ralph Calatchi, Elcio Gaz, Stu Glassman, Harold Gold, John Hertz, Ira Kinsler, Lee Mailloux, Conrad Moore, Ciro Nessumo, Seymour Oliet, Mark Warshaw, Sig Warshaw and Vizcaya on the Green, Inc., a Florida corporation, Appellees.
District Court of Appeal of Florida, Fourth District.https://leagle.com/images/logo.png
April 9, 2003.
April 9, 2003.
Attorney(s) appearing for the Case
Steven E. Stark, June G. Hoffman and Patrick E. Gonya, Jr., of Fowler White Burnett, P.A., Miami, for appellants.
Shelley H. Leinicke of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellees Vizcaya at Palm-Aire Association, Inc., Jack Berman, Martin Biafora, Ralph Calatchi, Elcio Gaz, Harold Gold, John Hertz, Ira Kinsler, Lee Mailloux, Conrad Moore, Ciro Nessumo, Seymour Oliet, Mark Warshaw and Sig Warshaw.
Jason H. Okleshen and Mark A. Greenberg of Powers, McNalis & Moody, Lake Worth, for appellee Stu Glassman.
District Court of Appeal of Florida, Fourth District.
PER CURIAM.
We have for review an order of the trial court dismissing with prejudice the appellants' seven-count complaint, citing res judicata, a prior settlement agreement, and the insufficiency of the allegations as to the individual board members. We hold that, in dismissing the seven counts, the trial court impermissibly looked beyond the four corners of the complaint. See Lost Tree Village Corp. v. City of Vero...
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