Opinion
Case Nos. 96-0454, 96-2609
Opinion filed June 4, 1997
Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Walter N. Colbath, Jr., and James T. Carlisle, Judges; L.T. Case No. CL 95-5113 AE.
Kenneth D. Cooper of Kenneth D. Cooper, P.A., Fort Lauderdale, for appellant.
David B. Pakula of Kubicki Draper, Miami, for Appellee-Jenkins McCann, Inc., now known as Jenkins Builders, Inc.
Eric G. Belsky and Ronald L. Kammer of Hinshaw Culbertson, Fort Lauderdale, for Appellee-Interplan Practice, Ltd., Inc.
We sua sponte consolidate these two appeals and reverse the dismissals of the complaints with prejudice, after the trial court granted motions to dismiss for failure to state a cause of action.
When the allegations of the two complaints are viewed in the light most favorable to the plaintiff, the applicable counts stated causes of action against the general contractor and architect under the rule of Slavin v. Kay, 108 So.2d 462 (Fla. 1958), and Easterday v. Masiello, 518 So.2d 260 (Fla. 1988). See U.S. Lodging of Jacksonville, Ltd. v. H. B. Daniel Constr. Co., Inc., 617 So.2d 448 (Fla. 1st DCA 1993); Kala Investments, Inc. v. Sklar, 538 So.2d 909 (Fla. 3d DCA 1989).
REVERSED AND REMANDED.
GLICKSTEIN, PARIENTE and GROSS, JJ., concur.