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680 So. 2d 460

Reed v. Hart

District Court of Appeal of Florida · decided 1996-03-11

Relies on 647 So. 2d 812 - Ethan Allen, Inc. v. Georgetown Manor · Lester v. Lester · Dwight v. Tobin

Decided 1996-03-11

PER CURIAM.

¶1This cause is before us on appeal from the dismissal of Appellants’ second amended complaint with prejudice. We affirm the dismissal of the contract counts (counts I — III) as barred by the statute of frauds.

¶2However, the counts alleging defamation (count IV) and intentional interference with a contractual relationship (count V) should not have been dismissed. Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So.2d 812, 814*461(Fla.1994); Landry v. Hornstein, 462 So.2d 844, 846 (Fla. 3d DCA 1985); Young v. Pottinger, 340 So.2d 518, 520 (Fla. 2d DCA 1976) (citing, inter alia, Prosser on Torts § 106, at 725-26 (2d ed. 1955)); cf. Dwight v. Tobin, 947 F.2d 455, 460 (11th Cir.1991).

¶3We therefore affirm the dismissal of the contract counts (counts I — III), but reverse the dismissal of the defamation and intentional interference counts (counts IV and V), and remand for further proceedings.

¶4AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR FURTHER PROCEEDINGS.

BOOTH, BENTON and VAN NORTWICK, JJ., concur.
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