J.D. BRYANT, INDIVIDUALLY AND AS TRUSTEE OF THE GORMAN CO., INC. PROFIT SHARING TRUST AGREEMENT AMENDED AND RESTATED; HERBERT H. GORMAN, JR., INDIVIDUALLY AND AS TRUSTEE OF THE GORMAN CO., INC. PROFIT SHARING TRUST AGREEMENT AMENDED AND RESTATED; AND RICHARD E. MCLAUGHLIN, AS TRUSTEE OF THE GORMAN CO., INC. PROFIT SHARING TRUST AGREEMENT AMENDED AND RESTATED, APPELLANTS,
v.
COORDINATED PROGRAMS, INC., A FLORIDA CORPORATION, AND AETNA CASUALTY AND SURETY COMPANY, A CONNECTICUT CORPORATION, APPELLEES
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PER CURIAM.
This cause is before us on appeal from orders of the trial court denying appellants’ motion for rehearing and dismissing counts sounding in negligent misrepresentation and contract for failure to state a cause of action. In considering a motion to dismiss 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, we find it states a cause of action. We accordingly reverse, and remand for proceedings consistent herewith.
BOOTH, SHIVERS and THOMPSON, JJ., concur.
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Shahid v. Campbell, 552 So. 2d 321 (Fla. 1st DCA 1989)…ltimate facts which indicate that the pleader is entitled to relief. The court must assume that all of the facts alleged in the complaint are true and must draw all reasonable inferences in favor of the pleader. Bryant v. Coordinated Programs, Inc., 534 So. 2d 932 (Fla. 1st DCA 1988). Further, the complaint need not anticipate affirmative defenses, Thompson v. Martin, 530 So. 2d 495, 496 (Fla. 2d DCA 1988). Any defenses should be stated by the defendants in an answer so that issues can be drawn. Sovran Equity…
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Crawford v. Safeco Title Ins. Co. & Gulf Coast Title & Abstract, Inc., 585 So. 2d 952 (Fla. 1st DCA 1991)…t must take all material allegations of the complaint as true and must confine itself strictly to the allegations within the complaint’s four corners. Shahid v. Campbell, 552 So. 2d 321, 322 (Fla. 1st DCA 1989); Bryant v. Coordinated Programs, Inc., 534 So. 2d 932 (Fla. 1st DCA 1988); Platte’ v. Whitfield Realty Company, Inc., 511 So. 2d 720, 721 (Fla. 1st DCA 1987). We therefore reverse as to Count I. In Count II, appellants allege, in pertinent part, that they purchased title insurance in lieu of obtaining…
Authorities Cited
- MacIejewski v. William M. Holland, Jr., P.A., 441 So. 2d 703 (Fla. 2d DCA 1983)
- Don A.G. PLATTÉ and Linda J. Platté v. Whitfield Realty Co., Inc., 511 So. 2d 720 (Fla. 1st DCA 1987)