Gebhardt v. Smith

352 So. 2d 1267, 1977 Fla. App. LEXIS 16891
District Court of Appeal of Florida·Decided December 16, 1977·No. No. 77-861·Published·Cited by 1 cases

Opinion

PER CURIAM.

Upon consideration of the briefs, record, and oral arguments we hold that the trial court erred in granting appellees/defend-ants’ motion to dismiss the complaint filed [1268]*1268by appellant/plaintiff. The complaint does contain sufficient allegations to withstand attack by a motion to dismiss for failure to state a cause of action. Fla.R.Civ.P. 1.110(b).

REVERSED.

BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.

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Gebhardt v. Smith, 352 So. 2d 1267, 1977 Fla. App. LEXIS 16891 (Fla. Ct. App. 1977).

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