Gebhardt v. Smith

Upon consideration of the briefs, record, and oral arguments we hold that the trial court erred in granting appellees/defend-ants’ motion to dismiss the complaint filed *1268by appellant/plaintiff. The complaint does contain sufficient allegations to withstand attack by a motion to dismiss for failure to state a cause of action. Fla.R.Civ.P. 1.110(b).

REVERSED.

BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.