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.