Peninsular Florida District Council of Assemblies of God v. Pan American Investment & Development Corp.

The plaintiff appeals from an order dismissing both counts of its complaint for failure to state a cause of action. We reverse as to Count I and affirm as to Count II.

With respect to Count I, we find the allegations of fraud against defendant Pan American Investment and Development Corp. (“Pan American”) sufficient to withstand a motion to dismiss. When fraud is asserted as a claim or defense, the facts and circumstances constituting the fraud must be pled with specificity, Fla.R. Civ.P. 1.120(b), and all essential elements of fraudulent conduct must be stated, i.e., that plaintiff relied to…