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Bryant v. Coordinated Programs, Inc.

District Court of Appeal of Florida, First District
Dec 14, 1988
534 So. 2d 932 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-400.

December 14, 1988.

An Appeal from the Circuit Court for Duval County; Thomas D. Oakley, Judge.

Sidney L. Matthew of Gorman Matthew, P.A., Tallahassee, for appellants.

Martin J. Mickler of Martin J. Mickler, P.A., Jacksonville, for appellee Coordinated Programs, Inc.


This cause is before us on appeal from orders of the trial court denying appellants' motion for rehearing and dismissing counts sounding in negligent misrepresentation and contract for failure to state a cause of action. In considering a motion to dismiss for failure to state a cause of action, the trial court must take all material allegations of the complaint as true and must confine itself strictly to the allegations within the complaint's four corners. Platte' v. Whitfield Realty Company, Inc., 511 So.2d 720 (Fla. 1st DCA 1987); Maciejewski v. Holland, 441 So.2d 703 (Fla.2d DCA 1983). In the present case, appellants have alleged the necessary elements of negligent misrepresentation and contract. In reviewing appellants' complaint in light of the rule, we find it states a cause of action. We accordingly reverse and remand for proceedings consistent herewith.

BOOTH, SHIVERS and THOMPSON, JJ., concur.


Summaries of

Bryant v. Coordinated Programs, Inc.

District Court of Appeal of Florida, First District
Dec 14, 1988
534 So. 2d 932 (Fla. Dist. Ct. App. 1988)
Case details for

Bryant v. Coordinated Programs, Inc.

Case Details

Full title:J.D. BRYANT, INDIVIDUALLY AND AS TRUSTEE OF THE GORMAN CO., INC. PROFIT…

Court:District Court of Appeal of Florida, First District

Date published: Dec 14, 1988

Citations

534 So. 2d 932 (Fla. Dist. Ct. App. 1988)

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