MATTHEW BUCK AND ALICE BUCK, HIS WIFE, APPELLANTS,
v.
KENT SECURITY OF BROWARD, INC., A FLORIDA CORP., APPELLEE
MATTHEW BUCK AND ALICE BUCK, HIS WIFE, APPELLANTS,
KENT SECURITY OF BROWARD, INC., A FLORIDA CORP., APPELLEE
638 So. 2d 1004
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellants leased storage space in a storage facility. When their goods were stolen appellants sued the security firm providing protection to the facility alleging they were third party beneficiaries of the contract between the facility and the firm. However, their own lease, which was attached to the complaint, negates the allegation that they could be third party beneficiaries, thus rendering the pleading objectionable and subject to dismissal. Harry Pepper & Associates, Inc. v. Lasseter, 247 So. 2d 736 (Fla. 3d DCA 1971). We also reject their contention that appellee could be liable as a volunteer. Affirmed.
GUNTHER, WARNER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Warren v. Dairyland Ins. Co., 662 So. 2d 1387 (Fla. 4th DCA 1995)…age to make that evidentiary determination. If an exhibit attached to a complaint negates the pleader’s cause of action, the plain language of the document will control and may be the basis for a motion to dismiss. See Buck v. Kent Sec. of Broward, 638 So. 2d 1004 (Fla. 4th DCA 1994); Ginsberg v. Lennar Florida Holdings, Inc., 645 So. 2d 490, 494 (Fla. 3d DCA 1994), review denied, 659 So. 2d 272 (Fla.1995); Harry Pepper & Assocs., Inc. v. Lasseter, 247 So. 2d 736 (Fla. 3d DCA), cert. denied, 252 So. 2d 797 (F…
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Iskyo Aronov v. Sound Connection Distribs., Inc., 2026 Fla. App. LEXIS 2719 (Fla. 4th DCA 2026)…e Homeowners Ass’n. Inc. v. Biscayne Painting Corp., 199 So. 3d 348, 350 (Fla. 4th DCA 2016). Where allegations in a complaint are negated by the complaint's own attachments, the complaint is subject to dismissal. Buck v. Kent Sec. of Broward, Inc., 638 So. 2d 1004, 1004 (Fla. 4th DCA 1994). ---PAGE 5--- The Circuit Court Correctly Dismissed the Breach of Written Contract Claim Because the Handwritten Document Attached to Complaint Lacks Sufficient Specification of Essential Terms to Constitute a Contract We…
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200 E Flagler Dev. LLC v. FFD Inc. (Fla. 3d DCA 2025)
Authorities Cited
- Harry Pepper & Assocs., Inc. v. Harley O. Al Lasseter, Sr., 247 So. 2d 736 (Fla. 3d DCA 1971)