Contents of contract impliedly incorporated by reference in complaint are appropriate for consideration by trial court in ruling upon motion to dismiss.
These appeals arose from trial court orders dismissing the appellants’ respective complaints against AT&T Mobility, LLC with prejudice. The appellants’ main argument on appeal was that the lower court erred in considering the contents of wireless customer agreements proffered by AT&T as evidence in support of its motion to dismiss but that were not otherwise attached to the appellants’ complaints. The appellants argued that the lower court impermissibly considered evidence outside the four corners of the complaint—the wireless customer agreements—and, therefore, requested the dismissals be overturned.
On appeal, the Third District found the lower court did not err in considering and relying upon the wireless customer agreements in rendering its ruling. It found that, while the appellants did not attach the wireless customer agreements to their complaints, these wireless customer agreements were made the basis of and expressly relied upon by the appellants in their claims against AT&T. Accordingly, the Third Court found, by relying upon and quoting the wireless customer agreements, the plaintiffs impliedly incorporated said documents into the respective complaints, thereby permitting the lower court to consider same in ruling upon AT&T’s motions to dismiss.
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.