Gebhardt v. Smith

Florida District Courts of Appeal December 16, 1977

Gebhardt v. Smith, 352 So. 2d 1267 (1977)

1977 Fla. App. LEXIS 16891

Boardman, Grimes, Ott

Opinion of the Court

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 *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.

Reference

Full Case Name: Susan Mary GEBHARDT v. Rocco SMITH and Carl Shepard
Cited By: 1 case
Status: Published