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Florida District Courts of Appeal, 1977

Gebhardt v. Smith

Gebhardt v. Smith
Florida District Courts of Appeal · Decided December 16, 1977 · Boardman, Grimes, Ott
352 So. 2d 1267; 1977 Fla. App. LEXIS 16891 (Southern Reporter, Second Series)

Gebhardt v. Smith

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.

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