The case of ROBERT E. HUGHES, SR., Appellant, v. HOME SAVINGS OF AMERICA, F.S.B., Appellee.
CASE No. 95-02725, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, 675 So. 2d 649 says:
The sole basis of the motion to dismiss was that the plaintiff had failed to attach copies of exhibits referenced in the amended complaint in violation of rule 1.130, Florida Rules of Civil Procedure
. The only exhibits that were referenced in the amended complaint were the note and mortgage, and copies were attached to the complaint in the file. The motion to dismiss, therefore, had no merit.
The fact that such exhibits were attached to the original complaint does not [**4] breathe life into the amended complaint which was void of exhibits. The Eigen court stated the following:
"We also reject the bank's contention that the amended complaint was sufficient because copies of the instruments had been attached to the original complaint." 492 So. 2d at 827.
Thus, it is definitely true that this is a basis to have a case dismissed according to this case. However, I just do know about whether or not the issue is waived if you proceed to trial without filing an interlocutory appeal - - I don't see any case law about that.