Bryant v. Coordinated Programs, Inc.

District Court of Appeal of Florida

Bryant v. Coordinated Programs, Inc.

534 So. 2d 932, 13 Fla. L. Weekly 2717, 1988 Fla. App. LEXIS 5543, 1988 WL 133968

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1988

DocketNo. 88-400

StatusPublished

Cited by2 cases

This text of 534 So. 2d 932 (Bryant v. Coordinated Programs, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bryant v. Coordinated Programs, Inc., 534 So. 2d 932, 13 Fla. L. Weekly 2717, 1988 Fla. App. LEXIS 5543, 1988 WL 133968 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

This cause is before us on appeal from orders of the trial court denying appellants’ motion for rehearing and dismissing counts sounding in negligent misrepresentation and contract for failure to state a cause of action. In considering a motion to dismiss for failure to state a cause of action, the trial court must take all material allegations of the complaint as true and must confine itself strictly to the allegations within the complaint’s four corners. Platte’ v. Whitfield Realty Company, Inc., 511 So.2d 720 (Fla. 1st DCA 1987); Maciejewski v. Holland, 441 So.2d 703 (Fla.2d DCA 1988). In the present case, appellants have alleged the necessary elements of negligent misrepresentation and contract. In reviewing appellants’ complaint in light of the rule, we find it states a cause of action. We accordingly reverse, and remand for proceedings consistent herewith.

BOOTH, SHIVERS and THOMPSON, JJ., concur.

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PER CURIAM.

This cause is before us on appeal from orders of the trial court denying appellants’ motion for rehearing and dismissing counts sounding in negligent misrepresentation and contract for failure to state a cause of action. In considering a motion to dismiss for failure to state a cause of action, the trial court must take all material allegations of the complaint as true and must confine itself strictly to the allegations within the complaint’s four corners. Platte’ v. Whitfield Realty Company, Inc., 511 So.2d 720 (Fla. 1st DCA 1987); Maciejewski v. Holland, 441 So.2d 703 (Fla.2d DCA 1988). In the present case, appellants have alleged the necessary elements of negligent misrepresentation and contract. In reviewing appellants’ complaint in light of the rule, we find it states a cause of action. We accordingly reverse, and remand for proceedings consistent herewith.

BOOTH, SHIVERS and THOMPSON, JJ., concur.

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534 So. 2d 932, 13 Fla. L. Weekly 2717, 1988 Fla. App. LEXIS 5543, 1988 WL 133968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-coordinated-programs-inc-fladistctapp-1988.

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