Florida District Courts of Appeal, 1972

Hembree v. Reaves

Florida District Courts of Appeal · Decided September 14, 1972 · Johnson, Spector, Wigginton

266 So. 2d 362 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Taft Broadcasting Co. v. Rodon (Florida Circuit Courts 1987)
Meyers v. Meyers (Fla. Dist. Ct. App. 1983)
Fraternal Order of Police, Miami Lodge 20 v. City of Miami (Fla. Dist. Ct. App. 1980)
Miller v. Miller (Fla. Dist. Ct. App. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Defendants seek review by interlocutory appeal of 'the trial court’s order denying their motion to dismiss the complaint filed herein for failure to state a cause of action. In testing the sufficiency of such a motion, the material allegations of the complaint are taken as true.1 Some of the grounds urged by defendants in support of their motion are improperly based upon facts not alleged in the complaint and, therefore, may not be considered. We have carefully examined the complaint, the sufficiency of which is challenged by defendants’ motion, and conclude that it states a cause of action as a matter of law. Appellants’ motion to dismiss was properly denied, and the order appealed is affirmed.

SPECTOR, C. J., and WIGGINTON, and JOHNSON, JJ., concur.

. Fletcher v. Williams (Fla.App. 1963) 163 So.2d 759; Connolly v. Sebeco, Inc. (Fla. 1956) 89 So.2d 482.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.