DON A.G. PLATTÉ AND LINDA J. PLATTÉ, APPELLANTS/PLAINTIFFS,
v.
WHITFIELD REALTY COMPANY, INC., APPELLEE/DEFENDANT

Fla. 1st DCA | 1987-08-24
No. BQ-421
NIMMONS and BARFIELD, JJ., concur.
511 So. 2d 720 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 10 cases

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Holding

The court held that the trial court erred in dismissing the amended complaint with prejudice because the allegations, taken as true, stated a cause of action for damages.


Headnotes

[1] A motion to dismiss for failure to state a cause of action requires the court to accept all material allegations of the complaint as true and to refrain from speculating…

[2] When considering a motion to dismiss, a court must confine its review strictly to the allegations within the complaint's four corners.

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Facts & Procedural History

Appellants sued Whitfield Realty for interference with business arrangements and libel after Whitfield allegedly misrepresented an extended listing ag…

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Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

Appellants, Don A.G. Platté and Linda J. Platté, appeal from the trial court’s order granting a motion to dismiss with prejudice. The issue in this case is whether the trial court correctly granted the motion. We reverse.

The following facts appear in appellants’ complaint. Appellants own real property in Duval County, Florida. On July 17, 1985, appellants and appellee, Whitfield Realty Company (Whitfield), entered into a listing agreement in which appellants hired Whitfield to find a purchaser for their Du-val County property. The agreement expired on January 17,1986. Appellants then signed another listing agreement with Watson Realty Company (Watson Realty), and moved out of the state of Florida. The purpose of this agreement was for Watson Realty to find a purchaser for appellants’ property. Some time after the second listing agreement was executed, an employee of Watson Realty told appellants that Watson Realty had located a prospective purchaser for their property and that the purchaser had shown great interest in buying it. Before appellants could execute a contract with the potential purchaser, however, Watson Realty notified them that it was cancelling the listing agreement. Watson Realty explained it had been told that appellants had extended the listing agreement with Whitfield for a period ending April 23, 1986. In fact, Whitfield had told Watson Realty that appellants had agreed to extend the listing agreement with Whitfield beyond the original termination date of January 17, 1986.

Whitfield’s statements formed the basis of a lawsuit for interference with business arrangements and libel. Whitfield filed no answer in response to appellants’ complaint choosing instead to file a motion to dismiss for failure to state a cause of action. The trial court granted Whitfield’s motion. Appellants then filed an amended complaint which the trial court ultimately dismissed with prejudice by final order. Under count one of the complaint, which dealt with interference with a contractual relationship, appellants alleged the following concerning the issue of damages: “[a]s a result of the action of defendant as set forth above, plaintiffs were damaged by losing the contractual relationship with Watson Realty which would have resulted in the sale of their home to a purchaser.”

This appeal concerns a motion to dismiss for failure to state a cause of action. In considering such a motion, all material allegations of the complaint are taken as true, and the trial court is not permitted to speculate as to whether the allegations will ultimately be proven. Maciejewski v. Holland, 441 So. 2d 703 (Fla. 2d DCA 1983). Further, the court must confine itself strictly to the allegations within the complaint’s four corners; consideration of the defendant’s affirmative defenses or of the sufficiency of evidence which plaintiff will likely produce on the merits is irrelevant to deciding such a motion. Abrams v. General Insurance Co., 460 So. 2d 572 (Fla. 3d DCA 1984). The fundamental question in ruling upon a motion to dismiss is whether a cause of action would be established by proving the allegations made in the plaintiff’s complaint. Robert L. Turchin, Inc. v. Gelfand Roofing, Inc., 450 So. 2d 554 (Fla. 3d DCA 1984).

Appellants alleged in their amended complaint that they had suffered damages through Whitfield’s acts because, as a direct result of them, they lost their contractual relationship with Watson Realty. Under the foregoing authority, this allegation must be accepted as true. We have no way of knowing at present what the magnitude . of these damages was, nor could the trial court previous to the commencement of trial when appellants will have an opportunity to prove such damages to the jury through the presentation of their evidence. Such inquiries, however, are irrelevant in considering whether to grant a motion to dismiss. Rather, the main question is whether the allegations in the complaint, if taken as true, would state a cause of action. Whitfield does not allege that the contract in this dispute suffered from any defects in formation. Indeed, the briefs of both parties focus on the question of damages or, more specifically, on whether any damages suggested by language in the complaint such as “which would have resulted in the sale of their home to a purchaser,” were wholly speculative, rather than actual, in nature since the potential purchaser had not yet bought appellants’ home. The complaint clearly states that Whitfield’s act of telling Watson Realty that appellants had agreed to extend the listing agreement with Whitfield beyond the original termination date of January 17, 1986, “damaged [appellants] by [causing them to] los[e] the contractual relationship with Watson Realty Company.... ” If this statement is taken as true, as it must be, appellants were damaged by Whitfield’s acts, and there is accordingly no dispute as to that issue. We therefore reverse the trial court’s final order dismissing with prejudice appellants’ amended complaint and remand for further proceedings.

REVERSED and REMANDED.

NIMMONS and BARFIELD, JJ., concur.


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Citator

Cited By

  • J.D. Bryant v. Coordinated Programs, Inc., 534 So. 2d 932 (Fla. 1st DCA 1988)
    …s for failure to state a cause of action, the trial court must take all material allegations of the complaint as true and must confine itself strictly to the allegations within the complaint’s four corners. Platte’ v. Whitfield Realty Company, Inc., 511 So. 2d 720 (Fla. 1st DCA 1987); Maciejewski v. Holland, 441 So. 2d 703 (Fla.2d DCA 1988). In the present case, appellants have alleged the necessary elements of negligent misrepresentation and contract. In reviewing appellants’ complaint in light of the rule,…
  • Laneya Warren v. Monahan Beaches Jewelry Ctr., Inc., 548 So. 2d 870 (Fla. 1st DCA 1989)
    …an cut glass or cubic zirconia. On motion to dismiss, the court is required to consider the factual allegations of the complaint as true and to take them in the light most favorable to the nonmoving party. Platte’ v. Whitfield Realty Company, Inc., 511 So. 2d 720 (Fla. 1st DCA 1987); Maciejewski v. Holland, 441 So. 2d 703 (Fla, 2d DCA 1983). The trial court’s order granting motion to dismiss the second amended complaint does not state the specific grounds for that dismissal. However, earlier orders dismissin…
  • Manka v. DeFRANCO'S Inc., 575 So. 2d 1357 (Fla. 1st DCA 1991)
    …lthough there is no further specification as to the precise damages under this count, the quantum of damages need not be alleged and it is sufficient if the pleading indicates the nature of the damages. See A.G. Platte v. Whitfield Realty Co., Inc., 511 So. 2d 720 (Fla. 1st DCA 1987). Any ambiguity could have been cured upon a motion by DeFranco’s for a more definite statement in accordance with Fla.R.Civ.P. 1.140(e). Viewing the entire counterclaim in accordance with the broad pleadings concepts in Florida a…

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