DocketNumber: 22-1961
Filed Date: 1/4/2023
Status: Precedential
Modified Date: 1/4/2023
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JEFFREY ROGERS, Appellant, v. GRIFFIN COMMERCE CENTER, INC. d/b/a VERSATILE WAREHOUSING, Appellee. No. 4D22-1961 [January 4, 2023] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. CACE21018235. Jeffrey Rogers, Dania Beach, pro se. Peter Sobota of Sobota P.L., Davie, for appellee. PER CURIAM. Affirmed. See Goodall v. Whispering Woods Ctr., L.L.C.,990 So. 2d 695
, 700 (Fla. 4th DCA 2008) (stating that “[w]hen there are conflicts between the allegations of a complaint and the documents attached as exhibits to the complaint, the plain language of the documents control”); Horizon Images, Inc. v. Delta Color Graphics, Inc.,639 So. 2d 186
, 187 (Fla. 4th DCA 1994) (holding that there must be “a clear intention in the contract between [the contracting parties] to directly and substantially benefit [the third party], in order for [the third party] to sue on the third party beneficiary theory”); Hollywood Lakes Country Club, Inc. v. Cmty. Ass’n Servs., Inc.,770 So. 2d 716
, 719 (Fla. 4th DCA 2000) (holding that dismissal of a complaint for breach of contract based on a third party beneficiary theory is warranted where “the contract attached to the complaint shows no intent to directly and substantially benefit” the third party). GROSS, LEVINE and CONNER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 2