Summary
In Garrison v. City of Homestead, 408 So.2d 823 (Fla. 3d DCA 1982), the court, without discussion of the facts, affirmed a dismissal of the complaint citing to Lay v. Roux Laboratories, Inc., 379 So.2d 451 (Fla. 1st DCA 1980); Dowling v. Blue Cross of Florida, Inc., 338 So.2d 88 (Fla. 1st DCA 1976), and Gellert. Since Lay and Dowling recognize the cause of action but hold that the conduct was not outrageous, Garrison can only mean that no outrageous conduct was alleged.
Summary of this case from Dominguez v. Equitable Life Assurance Society of the United StatesOpinion
No. 81-563.
January 19, 1982.
Appeal from Circuit Court, Dade County; Francis X. Knuck, Judge.
Horton, Perse Ginsberg and Arnold R. Ginsberg, Rash, Katzen, Kay Pintado, Miami, for appellants.
Seyfarth, Shaw, Fairweather Geraldson and Leonard A. Carson and Charles M. Rand, Tallahassee, for appellees.
Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.
We affirm the dismissal of Count One on the authority of Lay v. Roux Laboratories, Inc., 379 So.2d 451 (Fla. 1st DCA 1980); Gellert v. Eastern Air Lines, Inc., 370 So.2d 802 (Fla. 3d DCA 1979); Dowling v. Blue Cross of Florida, Inc., 338 So.2d 88 (Fla. 1st DCA 1976); compare Ford Motor Credit Company v. Sheehan, 373 So.2d 956 (Fla. 1st DCA 1979), and Count Two on the authority of McNayr v. Kelly, 184 So.2d 428 (Fla. 1966); Danford v. City of Rockledge, 387 So.2d 967 (Fla. 5th DCA 1980); Kribs v. City of Boynton Beach, 372 So.2d 195 (Fla. 4th DCA 1979); Johnsen v. Carhart, 353 So.2d 874 (Fla. 3d DCA 1977).
Affirmed.