Iorio v. Layman

Florida District Courts of Appeal
Iorio v. Layman, 256 So. 2d 26 (1971)
1971 Fla. App. LEXIS 5533
Cross, Mager, Walden

Iorio v. Layman

Opinion of the Court

PER CURIAM.

A review of the recent cases discussing the criteria to be applied in determining the adequacy of a complaint compels us to the conclusion that the complaint was “at least adequate at this stage” to state a cause of action for breach of contract. See Keller v. Eagle Army-Navy Department Stores, Inc., Fourth District Court of Appeal, 256 So.2d 248, opinion filed November 19, 1971, citing the following cases: Cohn v. Florida-Georgia Television Company, Inc., Fla.App. *271969, 218 So.2d 787, and Fontainebleau Hotel Corp. v. Walters, Fla.1971, 246 So. 2d 563. See also Pizzi v. Central Bank and Trust Company, Fla.1971, 250 So.2d 895.

Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings not inconsistent with this opinion. Nothing herein is intended to either restrict the trial court’s consideration of other motions or application of other rules of practice and procedure. The sole determination herein is the sufficiency of the complaint to state a cause of action.

Reversed and remanded.

WALDEN, CROSS and MAGER, JJ., concur.

Reference

Full Case Name
Louis IORIO and Ruth G. lorio, his wife v. Obie Lawrence LAYMAN d/b/a Florida Trailer Sales and Service, and Coachman Industries, Inc., a foreign corporation
Cited By
3 cases
Status
Published