Ward Air Conditioning Co.v.Mogul

District Court of Appeal of Florida, Fourth DistrictDec 20, 1977
352 So. 2d 528 (Fla. Dist. Ct. App. 1977)

No. 76-2139.

November 9, 1977. Rehearing Denied December 20, 1977.

Appeal from Circuit Court, Orange County; Thomas E. Kirkland, Judge.

John M. Robertson of Robertson, Williams, Duane Lewis, P.A., Orlando, for appellant.

O.H. Eaton, Jr., of Brock, Massey, Walden, Baum Eaton, Altamonte Springs, for appellee.

We believe the second amended complaint of the appellant stated a cause of action and should not have been dismissed. See Snead Construction Corp. v. Parkway East, Inc., 324 So.2d 206 (Fla.3d DCA 1975). Accordingly, the order of dismissal entered by the trial court is reversed.

ANSTEAD and DAUKSCH, JJ., concur.

CROSS, J., dissents without opinion.