Opinion
No. 95-1079.
March 11, 1996.
An appeal from the Circuit Court for Leon County; F.E. Steinmeyer, Judge.
Marie A. Mattox, Tallahassee, for Appellant.
Thomas M. Ervin, Jr., and Melissa Fletcher Allaman of Ervin, Varn, Jacobs, Odom Ervin, Tallahassee, for Appellees Brigham Hart, Lita Hart, B and L Hart Enterprises, Inc., and U Can II, Inc.
E.C. Deeno Kitchen of Kitchen, Judkins, Simpson High, Tallahassee, for Appellees Barry Joye and Luronda Joye, d/b/a Joye Unlimited.
Mary L. Sweet of Francis Sweet, Tallahassee, for Appellee Internet Services Corp., Inc.
Larry D. Simpson of Kitchen, Judkins, Simpson High, Tallahassee, for Appellee Hal Gooch.
Robert L. Hinkle of Radey, Hinkle, Thomas McArthur, Tallahassee, for Appellee Bill Childers.
J.C. O'Steen, Tallahassee, for Appellees John Reed and Kathy Reed.
This cause is before us on appeal from the dismissal of Appellants' second amended complaint with prejudice. We affirm the dismissal of the contract counts (counts I-III) as barred by the statute of frauds.
However, the counts alleging defamation (count IV) and intentional interference with a contractual relationship (count V) should not have been dismissed. Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So.2d 812, 814 (Fla. 1994); Landry v. Hornstein, 462 So.2d 844, 846 (Fla. 3d DCA 1985); Young v. Pottinger, 340 So.2d 518, 520 (Fla. 2d DCA 1976) (citing, inter alia, Prosser on Torts § 106, at 725-26 (2d ed. 1955)); cf. Dwight v. Tobin, 947 F.2d 455, 460 (11th Cir. 1991).
We therefore affirm the dismissal of the contract counts (counts I-III), but reverse the dismissal of the defamation and intentional interference counts (counts IV and V), and remand for further proceedings.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR FURTHER PROCEEDINGS.
BOOTH, BENTON and VAN NORTWICK, JJ., concur.