Estate of Davis v. Price

HENRY L. BALABAN, Circuit Judge.

This cause is before the court on the several motions to dismiss the amended counterclaim for failure to state a cause of action based on fraud and deceit. The court has had the benefit of argument of counsel for the respective parties, and has carefully reviewed the pleadings and exhibits annexed thereto, and has made an independent research of the law.

Rule 1.9(b), Florida Rules of Civil Procedure, requires that the facts constituting fraud shall be stated with such particularity as the circumstances may permit. The obvious purpose of the rule is to enable the…