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FERGUSON ENTERPRISES v. ASTRO CONDITIONING

No. 2D13-2447.

137 So.3d 613 (2014)

FERGUSON ENTERPRISES, INC., a Virginia corporation, d/b/a Ferguson Heating & Cooling, f/k/a Gulf Refrigeration Supply, Inc., Appellant, v. ASTRO AIR CONDITIONING AND HEATING, INCORPORATED, a Florida corporation; Frank Hegedus, individually; Jo Ann Hegedus, individually; and Hegedus Family Limited Partnership, a Florida limited partnership, Appellees.

District Court of Appeal of Florida, Second District.

May 7, 2014.

Attorney(s) appearing for the Case

M. David Linton and Tyler J. Caron of Thompson & Brooks, Tampa, for Appellant.

Edward William Collins of the Law Office of William Collins, P.A., Tampa, for Appellees.

SLEET, Judge.

Ferguson Enterprises, Inc., appeals the order dismissing counts V and VI of its second amended complaint with prejudice. Ferguson argues that the circuit court looked beyond the four corners of its complaint when it dismissed Ferguson's claims under the authority of New Holland, Inc. v. Trunk, 579 So.2d 215 (Fla. 5th DCA 1991). We agree.

On February 9, 2006...

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