Legal Opinion

Gale ex rel. Gale v. Tuerk

District Court of Appeal of Florida

Decided June 20, 1967No. 545PublishedCited by 8 opinions

1Opinion of the Court

WALDEN, Chief Judge.

This is a negligence action. Appellants were the plaintiffs and appellees, the de*262fendants. The trial court dismissed plaintiffs’ third amended complaint with prejudice. Plaintiffs appeal. We reverse.

Our task on appeal is to determine if plaintiffs’ third amended complaint states a cause of action. In this connection we are limited to a review of the material contained within the four corners of the complaint and must accept the well plead allegations of the complaint as true. Maloy, Fla.Appellate Proc. & Prac., § 10.06.

Plaintiffs allege that, at the invitation of the…

2Cases cited3 opinions

  1. Burdine's, Inc. v. McConnellSupreme Court of Florida · 1941
  2. Adler v. CopelandDistrict Court of Appeal of Florida · 1958
  3. Jackson v. PikeSupreme Court of Florida · 1956

3Cited by8 opinions

  1. Hix v. BillenSupreme Court of Florida · 1973
  2. Graham v. Great Atlantic & Pacific Tea CompanyDistrict Court of Appeal of Florida · 1970
  3. Pinson v. BarlowDistrict Court of Appeal of Florida · 1968
  4. Maxymow v. Lake Maggiore Baptist ChurchDistrict Court of Appeal of Florida · 1968
  5. Phillips ex rel. Phillips v. PhillipsDistrict Court of Appeal of Florida · 1973

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