
    HOME SAVINGS ASSOCIATION OF FLORIDA, INC., a Florida banking corporation, Appellant, v. ATTORNEYS' TITLE INSURANCE FUND, a Florida business trust, Appellee.
    No. 85-406.
    District Court of Appeal of Florida, Third District.
    Nov. 20, 1985.
    Rehearing Denied Jan. 2, 1986.
    Lapidus & Stettin and Richard Lapidus, Miami, for appellant.
    Mershon, Sawyer, Johnston, Dunwody & Cole and Robert T. Wright, Jr. and Alan P. Dagen, Miami, for appellee.
    Before BARKDULL, BASKIN and FERGUSON, JJ.
   ON MOTION FOR REHEARING

PER CURIAM.

The trial court properly considered the provisions of a contract, which was attached to and incorporated into the complaint by reference, in granting appellee’s motion to dismiss. Len Hazen Painters, Inc. v. Wood-Hopkins Construction Co., 396 So.2d 1233 (Fla. 1st DCA 1981).

Affirmed.

BARKDULL and FERGUSON, JJ., concur.

BASKIN, Judge

(dissenting).

Because the complaint and its accompanying documents state a cause of action, the trial court should have decided the claim on its merits. See Helms v. General Film Development Corp., 346 So.2d 1064 (Fla. 3d DCA 1977). I would therefore reverse and remand for further consideration.  