Arvida Corp. v. Nu-Way Plumbing, Inc.

We reverse the trial court order denying the defendant’s motion to dismiss the complaint. The action was for recision of a contract because of mistake. As plaintiff-appellee concedes, the complaint was defective for failure to allege the mistake with particularity. F.R.C.P. 1.120(b), 30 F.S. A.; Curtis v. Briscoe, 129 So.2d 450 (2d D.C.A. Fla.1961) and Van Meter v. Bank of Clearwater, 276 So.2d 241 (2d D.C.A. Fla. 1973).

However, plaintiff urges that the complaint can be sustained upon some theory of a breach of oral contract. It may or may not have such cause of action. However, even under…