Helton v. Gunderson

The plaintiff, Kris Edward Helton, appeals the trial court’s sua sponte dismissal of Count I of his complaint for failure to attach a copy of the contract upon which he is suing. The defendant claims, and we agree, that the existence of the alleged contract is a matter to be proved at trial, and that Helton should be permitted to attempt to prove his case. See Amiker v. Mid-Century Ins. Co., 398 So.2d 974, 975-76 (Fla. 1st DCA 1981). Finding no merit *1153to Helton’s other claims,1 we reverse the dismissal of Count I and remand for the trial court to reinstate the claim.. See Costa Bella Dev.…