LOUIS IORIO AND RUTH G. LORIO, HIS WIFE, APPELLANTS,
v.
OBIE LAWRENCE LAYMAN D/B/A FLORIDA TRAILER SALES AND SERVICE, AND COACHMAN INDUSTRIES, INC., A FOREIGN CORPORATION, APPELLEES
Explore caselaw by topic → Browse Breach Of Contract cases and more on FLexlaw
A review of the recent cases discussing the criteria to be applied in determining the adequacy of a complaint compels us to the conclusion that the complaint was “at least adequate at this stage” to state a cause of action for breach of contract. See Keller v. Eagle Army-Navy Department Stores, Inc., Fourth District Court of Appeal, 256 So.2d 248, opinion filed November 19, 1971, citing the following cases: Cohn v. Florida-Georgia Television Company, Inc., Fla.App. *271969, 218 So.2d 787, and Fontainebleau Hotel Corp. v. Walters, Fla.1971, 246 So. 2d 563. See also Pizzi v. Central Bank and Trust Company, Fla.1971, 250 So.2d 895.
Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings not inconsistent with this opinion. Nothing herein is intended to either restrict the trial court’s consideration of other motions or application of other rules of practice and procedure. The sole determination herein is the sufficiency of the complaint to state a cause of action.
Reversed and remanded.
WALDEN, CROSS and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Turner, 285 So. 2d 623 (Fla. 4th DCA 1973)…omplaint is a consideration entirely separate and distinct from whether the complaint contains sufficient allegations to withstand a motion to dismiss. Bond v. Koscot Interplanetary, Inc., Fla.App.1971, 246 So. 2d 631; Iorio v. Layman, Fla.App.1971, 256 So. 2d 26. Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings. Reversed. WALDEN and MAGER, JJ., concur. CROSS, J., dissents.…
-
Leco Invs., Inc. v. Meyer, 275 So. 2d 31 (Fla. 4th DCA 1973)…asuring such decisions against the complaint in the instant case we are of the opinion that the allegations were such as to withstand a motion to dismiss. Fontainebleau Hotel Corp. v. Walters, Fla.1971, 246 So. 2d 563; Iorio v. Layman, Fla.App.1971, 256 So. 2d 26; Bond v. Koscot Interplanetary, Inc., Fla.App. 1971, 246 So. 2d 631. See also Nantell v. Lim-Wick Construction Company, Fla.App. 1969, 228 So. 2d 634. Accordingly, the judgment of the trial court is reversed and the cause remanded for further proce…
-
Tietig v. The Dep't OF Transp. of the State of Fla., 276 So. 2d 97 (Fla. 4th DCA 1973)…els us [*98] to the conclusion that the complaint m the case sub judice contains sufficient allegations to state a cause of action against the defendants. Fontainebleau Hotel Corp. v. Walters, Fla.1971, 246 So. 2d 563; Iorio v. Layman, Fla.App.1971, 256 So. 2d 26; Bond v. Koscot Interplanetary, Inc., Fla.App. 1971, 246 So. 2d 631. Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings not inconsistent with this opinion. Reversed and remanded. CROSS, OWEN an…
Authorities Cited
- Pizzi v. Cent. Bank & Tr. Co., 250 So. 2d 895 (Fla. 1971)
- Fontainebleau Hotel Corp. v. Walters, 246 So. 2d 563 (Fla. 1971)
- Keller v. Eagle Army-Navy Dep't Stores, Inc., 256 So. 2d 248 (Fla. 4th DCA 1971)
- Cohn v. Florida-Georgia Television Co., Inc., 218 So. 2d 787 (Fla. 1st DCA 1969)
- Heffner v. State, 218 So. 2d 787 (Fla. 1st DCA 1969)