Ray v. American Construction Equipment Co.

District Court of Appeal of Florida

Ray v. American Construction Equipment Co.

570 So. 2d 375, 1990 Fla. App. LEXIS 8750, 1990 WL 178657

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 1990

DocketNo. 89-2689

StatusPublished

This text of 570 So. 2d 375 (Ray v. American Construction Equipment Co.) 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.

Bluebook

Ray v. American Construction Equipment Co., 570 So. 2d 375, 1990 Fla. App. LEXIS 8750, 1990 WL 178657 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Appellant’s decedent filed a complaint alleging that he had suffered injuries as a result of negligence by the appellees. The appellee’s motions to dismiss the complaint for failure to state a cause of action were granted, and the complaint was dismissed with prejudice. The trial court’s order did not set forth any deficiency in the complaint upon which the trial court relied in entering its order.

Upon review of the complaint, we find that each essential allegation for stating a cause of action on a theory of negligence has been sufficiently set forth in the corn-[376]*376plaint. Accordingly, we reverse the order dismissing the complaint with prejudice, and we remand this cause to the trial court for further proceedings in accordance with this opinion.

ZEHMER, MINER and ALLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant’s decedent filed a complaint alleging that he had suffered injuries as a result of negligence by the appellees. The appellee’s motions to dismiss the complaint for failure to state a cause of action were granted, and the complaint was dismissed with prejudice. The trial court’s order did not set forth any deficiency in the complaint upon which the trial court relied in entering its order.

Upon review of the complaint, we find that each essential allegation for stating a cause of action on a theory of negligence has been sufficiently set forth in the corn-[376]*376plaint. Accordingly, we reverse the order dismissing the complaint with prejudice, and we remand this cause to the trial court for further proceedings in accordance with this opinion.

ZEHMER, MINER and ALLEN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

570 So. 2d 375, 1990 Fla. App. LEXIS 8750, 1990 WL 178657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-american-construction-equipment-co-fladistctapp-1990.