Calle v. Metropolitan Dade County

511 So. 2d 619, 12 Fla. L. Weekly 1641, 1987 Fla. App. LEXIS 9258

• Court: District Court of Appeal of Florida
• Decided: July 7, 1987
• Docket: No. 86-1837
• Status: Published

Opinions

PER CURIAM.

We reverse the order dismissing a complaint with prejudice for failure to state a cause of action. It cannot be said that the pleadings are so inconsistent with the attached exhibits as to neutralize each other. See Harry Pepper & Assocs. v. Lasseter, 247 So.2d 736 (Fla. 3d DCA), cert. denied, 252 So.2d 797 (Fla.1971). The sufficiency of the evidence which the plaintiff is likely to produce may not be considered on a motion to dismiss. N.E. at West Palm Beach, Inc. v. Horowitz, 471 So.2d 570 (Fla. 3d DCA 1985).

Reversed and remanded.

HUBBART and FERGUSON, JJ., concur.