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Florida District Courts of Appeal, 1983

Barnett Banks of Florida, Inc. v. Athans

Barnett Banks of Florida, Inc. v. Athans
Florida District Courts of Appeal · Decided February 16, 1983 · Glickstein, Hersey, Hurley
426 So. 2d 1283; 1983 Fla. App. LEXIS 20699 (Southern Reporter, Second Series)

Barnett Banks of Florida, Inc. v. Athans

Opinion of the Court

PER CURIAM.

Bearing in mind the well settled principles which govern a motion to dismiss, see Poulos v. Vordermeier, 327 So.2d 245 (Fla. 4th DCA 1976), we are compelled to reverse an order granting such a motion because of our conclusion that the trial court prematurely determined a mixed question of law and fact.

REVERSED AND REMANDED.

HERSEY, GLICKSTEIN and HURLEY, JJ., concur.

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