Legal Opinion
Goodman v. Habif
District Court of Appeal of Florida
Decided January 4, 1983No. 82-611PublishedCited by 3 opinions
1Opinion of the Court
BASKIN, Judge.
We reverse the trial court’s dismissal of appellants’ second amended complaint seeking to terminate a lease. The complaint stated a cause of action under the terms of the lease which required the lessee to deposit specified amounts in an escrow account, to pay taxes and to be responsible for reasonable attorneys’ fees in the event of default and court action.
On a motion to dismiss, the trial court’s function is to determine whether the complaint states a cause of action. Hammonds v. Buckeye Cellulose Corp., 285 So.2d 7 (Fla.1973). Unless affirmative defenses appear on the face…
2Cases cited3 opinions
- Hammonds v. Buckeye Cellulose CorporationSupreme Court of Florida · 1973
- Vaswani v. GanobsekDistrict Court of Appeal of Florida · 1981
- Phoenix Insurance Company v. McQueenDistrict Court of Appeal of Florida · 1973
3Cited by3 opinions
- Symons Corp. v. Tartan-Lavers Delray BeachDistrict Court of Appeal of Florida · 1984
- LeGrande v. EmmanuelDistrict Court of Appeal of Florida · 2004
- Bill Branch Chev., Inc. v. Philip L. Burnett, PaDistrict Court of Appeal of Florida · 1990