(a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accounts, or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, shall be incorporated in or attached to the pleading. No papers shall be unnecessarily annexed as exhibits. The pleadings shall contain no unnecessary recitals of deeds, documents, contracts, or other instruments.
(b) Part for All Purposes. Any exhibit attached to a pleading shall be considered a part thereof for all purposes. Statements in a pleading may be adopted by reference in a different part of the same pleading, in another pleading, or in any motion.
This guaranty case states the simple rule that “pleadings are required to be in the English language.” The lender’s complaint against the borrower attached a copy of the guaranty in Spanish, a “Garantia Personal.” It was not translated into English. The trial court granted summary judgment for the lender. The appellate court reversed, reasoning that the “Garantia Personal” was made part of the complaint under Rule 1.130 and therefore the pleading was not “in the English Language.” Interestingly, the appellate court did not address whether the borrower spoke English only, Spanish only, or both English and Spanish.