Magula v. Gossett

568 So. 2d 1011, 1990 Fla. App. LEXIS 8266, 1990 WL 165018

Opinion

PER CURIAM.

Plaintiffs appeal a judgment on the pleadings entered in favor of defendants in a legal malpractice action. We reverse.

After reviewing the complaint and answer, we are of the opinion that, inarticulate though it may be in some places, the complaint did state a cause of action and factual questions remain. Therefore, judgment on the pleadings was inappropriate in this instance. McAbee v. Edwards, 340 So.2d 1167 (Fla. 4th DCA 1976); See also General GMC Truck Sales And Serv. v. Simm, 430 So.2d 998 (Fla. 4th DCA 1983); Riccio v. Stein, 559 So.2d 1207 (Fla. 3d DCA 1990) rev dismissed, 567 So.2d 436 (Fla.1990).

REVERSED.

DELL, WALDEN and GUNTHER, JJ., concur.