BROCK v. BOWEIN

No. 2D12-107.

99 So.3d 580 (2012)

Dwight E. BROCK, as Clerk of the Circuit Court of Collier County, Appellant, v. Lloyd BOWEIN, Individually and as Personal Representative of the Estate of Lurline S. Bowein, and District School Board of Collier County, Florida, Appellees.

District Court of Appeal of Florida, Second District.

October 17, 2012.


Attorney(s) appearing for the Case

David P. Ackerman and Lanelle K. Meidan of Ackerman, Link & Sartory, P.A., West Palm Beach, and Anthony P. Pires, Jr. , of Woodward, Pires & Lombardo, Naples, for Appellant.

Christa L. Collins of Christa L. Collins, LLC, Tampa, and Jackson H. Bowman of Moore, Bowman & Rix, P.A., Tampa, for Appellee Lloyd Bowein.

No appearance for Appellee District School Board of Collier County.

Fred W. Baggett and M. Hope Keating of Greenberg Traurig, P.A., Tallahassee, for Amicus Curiae the Florida Association of Court Clerks.


WALLACE, Judge.

Dwight E. Brock, as Clerk of the Circuit Court of Collier County (the Clerk), challenges the circuit court's order that dismissed with prejudice his amended complaint in interpleader for failure to state a cause of action. Because the Clerk's amended complaint stated a cause of action for interpleader and because the circuit court improperly considered materials and information outside the four corners of the amended complaint in making its ruling...

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