SHAPIRO v. TULIN

No. 4D10-774.

60 So.3d 1166 (2011)

Elliot SHAPIRO, Appellant, v. Lionel TULIN, as Personal Representative of the Estate of Rocco DeStefano, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 2011.


Attorney(s) appearing for the Case

Richard C. Wolfe and Natasha Johnson of Ehrenstein Charbonneau Calderin, Miami, for appellant.

Stanley G. Swiderski of Stanley G. Swiderski, P.A., Hollywood, for appellee.


POLEN, J.

Appellant, Elliot Shapiro, appeals the order of the trial court granting appellee's, Lionel Tulin's, motion to dismiss in this dispute over a contract to make a will. We find that the trial court erred when it dismissed appellant's case with prejudice where the trial court looked beyond the four corners of appellant's complaint in considering the motion to dismiss. Additionally, appellant was not afforded the opportunity to amend his complaint once as a...

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