Florida District Courts of Appeal, 1983

D.F.S. Construction Co. v. Couse Corp.

D.F.S. Construction Co. v. Couse Corp.
Florida District Courts of Appeal · Decided September 14, 1983 · Downey, Glickstein, Letts
437 So. 2d 219; 1983 Fla. App. LEXIS 23509 (Southern Reporter, Second Series)

D.F.S. Construction Co. v. Couse Corp.

Opinion of the Court

PER CURIAM.

We reverse and remand. The trial court erred in dismissing the complaint with prejudice as the allegations and attached documents, taken together, were sufficient to state a cause of action. See Hinote v. Brigman, 44 Fla. 589, 33 So. 303 (1902); Delta Electrical Contractors, Inc. v. McDevitt & Street Company, 262 So.2d 226 (Fla. 2d DCA 1972); and Edward L. Nezelek, Inc. v. Southern Bell Telephone and Telegraph Co., 383 So.2d 979 (Fla. 4th DCA 1980).

DOWNEY, LETTS and GLICKSTEIN, JJ., concur.

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