DANIEL S. BRICKER, APPELLANT,
v.
HOWARD I. KAY, APPELLEE
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PER CURIAM.
Ten days before expiration of the statute of limitations appellee-defendant, an attorney at law, was retained to institute a lawsuit against “Lum’s Restaurant Corp.” After expiration of the time within which suit could commence it was learned that the wrong defendant was named. The complaint was dismissed with prejudice. Plaintiff then instituted this action against the attorney alleging legal malpractice. The complaint, as amended, was dismissed for failure to state a cause of action.
The only determination the court undertakes in considering a,¡motion to dismiss for failure to state a cause of action is whether, upon examination of the four corners of the complaint, the allegations are sufficient to sustain a claim for relief. Augustine v. Southern Bell Telephone & Telegraph Co., 91 So. 2d 320 (Fla.1956). Whether plaintiff can prove negligence on the part of defendant is not at issue. We have examined the complaint and find no deficiency.
Reversed and remanded.
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R.F. Thompson v. P.W. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988)…, Inc., 425 So. 2d 646 (Fla. 3d DCA 1983), and in ruling on a motion to dismiss a complaint for failure to state a cause of action, we are confined to a consideration of the allegations found within the four corners of the complaint. Bricker v. Kay, 446 So. 2d 1151 (Fla. 3d DCA 1984). A complaint need only state facts sufficient to indicate that a cause of action exists and need not anticipate affirmative defenses. Hammonds v. Buckeye Cellulose Corp., 285 So. 2d 7 (Fla.1973). Thus, we have not considered any p…
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Mang v. Country Comfort INN, Inc., 559 So. 2d 672 (Fla. 3d DCA 1990)…otential residents properly, it is clear that no further allegations are necessary to state a cause of action under the Adult Congregate Living Facilities Act.6 See Nottage v. American Express Co., 452 So. 2d 1066 (Fla. 3d DCA 1984); Bricker v. Kay, 446 So. 2d 1151 (Fla. 3d DCA 1984). Accordingly, we reverse the trial court’s order dismissing Count IV of the amended complaint against Jorge Perez and remand for further proceedings. We dismiss this appeal as it relates to the statutory claim against Country Com…
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Nottage v. Am. Express Co., 452 So. 2d 1066 (Fla. 3d DCA 1984)…te a cause of action is whether, upon examination of the four corners of the complaint, the allegations are sufficient to sustain a claim for relief. See Augustine v. Southern Bell Telephone & Telegraph Co., 91 So. 2d 320 (Fla.1956); Bricker v. Kay, 446 So. 2d 1151 (Fla. 3d DCA 1984). The existence of commercial exploitation and damages, and the applicability of the exception provided in Section 540.08(3)(c), if placed in issue by answer or [*1069] affirmative defense, will become matters for proof. Reversed…
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- Augustine v. S. Bell Tel. & Tel. Co., 91 So. 2d 320 (Fla. 1956)