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Gebhardt v. Smith

District Court of Appeal of Florida, Second District
Dec 16, 1977
352 So. 2d 1267 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-861.

December 16, 1977.

Appeal from Circuit Court, Manatee County; Roy E. Dean, Judge.

Richard G. Smith and Benjamin P. Reese, II of Stinnett, Surfus Martin, Sarasota, for appellant.

Patrick J. Murphy of Crabtree Butler, Syprett Meshad, Sarasota, for appellee Carl Shepard.


Upon consideration of the briefs, record, and oral arguments we hold that the trial court erred in granting appellees/defendants' motion to dismiss the complaint filed by 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).

REVERSED.

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


Summaries of

Gebhardt v. Smith

District Court of Appeal of Florida, Second District
Dec 16, 1977
352 So. 2d 1267 (Fla. Dist. Ct. App. 1977)
Case details for

Gebhardt v. Smith

Case Details

Full title:SUSAN MARY GEBHARDT, APPELLANT, v. ROCCO SMITH AND CARL SHEPARD, APPELLEES

Court:District Court of Appeal of Florida, Second District

Date published: Dec 16, 1977

Citations

352 So. 2d 1267 (Fla. Dist. Ct. App. 1977)