Opinion
No. 3D99-550.
Opinion filed February 16, 2000. Rehearing denied May 24, 2000.
Appeal from the Circuit Court for Dade County, Celeste Hardee Muir, Judge, L.T. No. 95-13482.
Stearns Weaver Miller Weissler Alhadeff Sitterson and Bradford Swing and Michael C. Marsh, for appellant.
Carlton, Fields, Ward, Emmanuel, Smith Cutler and Patricia H. Thompson and Corey B. Collins; Josephs, Jack Gaebe and Stephanie E. Demos, for appellees.
Before SCHWARTZ, C.J., and JORGENSON and FLETCHER, JJ.
The order dismissing the Fourth Amended Complaint with prejudice is entirely reversed upon the determination that every claim asserted by the plaintiff is sufficient to state a claim upon which relief can properly be granted against the respective defendants. See HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So.2d 1238 (Fla. 1996); Moransais v. Heathman, 744 So.2d 973 (Fla. 1999); Pershing Indus., Inc. v. Estate of Sanz, 740 So.2d 1246 (Fla. 3d DCA 1999); First Equity Corp. of Florida, Inc. v. Watkins, ___ So.2d ___ (Fla. 3d DCA Case Nos. 98-851 98-589, opinion filed, July 28, 1999) [24 FLW D1758]; Adams v. Chenowith, 349 So.2d 230 (Fla. 4th DCA 1977); § 607.1106(1)(d), Fla. Stat. (1993). The cause is remanded with directions to deny the motions to dismiss and for further proceedings consistent with this opinion.