Gebhardt v. Smith

District Court of Appeal of Florida

Decided December 16, 1977

District Court of Appeal of Florida · decided 1977-12-16

Cited by 4 later decisions — most recently September 1980

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1977-12-16

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PER CURIAM.

¶1Upon 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).

¶2REVERSED.

BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.