Ayapan v. Carnival Cruise Lines, Inc.

Full title: MEDARDO AYAPAN, APPELLANT, v. CARNIVAL CRUISE LINES, INC., APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 21, 1994

644 So. 2d 101 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-862.

September 21, 1994.

An Appeal from the Circuit Court for Dade County; Jon I. Gordon, Judge.

Charles Lipcon, Cooper Wolfe and David H. Pollack and Sharon Wolfe, Miami, for appellant.

Wayne P. Levine, Miami, for appellee.

Before BARKDULL, JORGENSON and GERSTEN, JJ.

PER CURIAM.

We reverse the final order under review striking the plaintiff's second amended complaint as sham upon the reasoning found in Denton v. Getson, 637 So.2d 82 (Fla. 4th DCA 1994); Menke v. Southland Specialties Corp., 637 So.2d 285 (Fla. 2d DCA 1994), and return the matter to the trial court for further proceedings.

Reversed and remanded.