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Florida District Courts of Appeal, 1993

Soukup Design Homes, Inc. v. Commonwealth Land Title Insurance Co.

Soukup Design Homes, Inc. v. Commonwealth Land Title Insurance Co.
Florida District Courts of Appeal · Decided December 15, 1993 · Anstead, Polen, Stone
629 So. 2d 262; 1993 Fla. App. LEXIS 12397; 1993 WL 517246 (Southern Reporter, Second Series)

Soukup Design Homes, Inc. v. Commonwealth Land Title Insurance Co.

Opinion of the Court

PER CURIAM.

AFFIRMED.

ANSTEAD and STONE, JJ., concur. POLEN, J., concurs in part and dissents in part with opinion.

Concurring in Part

POLEN, Judge,

concurring in part and dissenting in part.

I agree with the majority’s affirmance on all but one issue: I would reverse that part of the trial court’s order granting a dismissal with prejudice of count II (Fraud) of appellant’s second amended complaint against ap-pellee Starling. I believe that the allegations of that count, which must be taken as true for purposes of a motion to dismiss, state a *263cause of action which cannot be resolved on such a motion.

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