XAMNAD, INC., A FLORIDA CORPORATION, APPELLANT,
v.
PATIO CAFE, INC., BARNEY BAVUSO AND CASKILL RESTAURANT, INC., APPELLEES
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The court affirmed dismissal of fraud, civil conspiracy, and commercially unreasonable sale claims but reversed dismissal of a promissory estoppel claim, remanding for further proceedings.
A complaint that fails to state causes of action for fraud, civil conspiracy, and commercially unreasonable sale may still survive dismissal if it adequately alleges facts supporting promissory estoppel.
[1] A complaint alleging fraud, civil conspiracy, and commercially unreasonable sale may survive a motion to dismiss if the facts pleaded state a cause of action for promisso…
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Join FLexlaw to unlock all legal intelligence“A pleading states a cause of action if it contains a short, plain statement of the ultimate facts which informs the defendant of the nature of the cause against him.”
Standard for evaluating whether a complaint states a cause of action
Xamnad, Inc. filed a third amended complaint against Patio Cafe, Inc., Barney Bavuso, and Caskill Restaurant, Inc., alleging fraud, civil conspiracy, …
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PER CURIAM.
This is an appeal from a trial court order dismissing appellant’s third amended complaint with prejudice for failure to state a cause of action. The complaint alleged three counts: fraud, civil conspiracy and commercially unreasonable sale. A pleading states a cause of action if it contains a short, plain statement of the ultimate facts which informs the defendant of the nature of the cause against him. Bolton v. Smythe, 432 So. 2d 129 (Fla. 5th DCA 1983). Even if a party improperly labels a cause of action or has failed to properly frame a cause of action the complaint will not be dismissed if it states facts sufficient to support some cause of action. Circle Finance Company v. Peacock, 399 So. 2d 81 (Fla. 1st DCA 1981). Our review of the complaint leads us to the same conclusion reached by the trial court, that is, the third amended complaint failed to state a cause of action for fraud, civil conspiracy or commercially unreasonable sale. The trial court properly denied appellant leave to amend its complaint a fourth time as the complaint is not amendable. See Hansen v. Central Adjustment Bureau, Inc., 348 So. 2d 608 (Fla. 4th DCA 1977).
While we affirm the trial court in one respect, we reverse in another. We hold that appellant did state a cause of action for promissory estoppel, and thus the trial court erred in dismissing the entire complaint. We therefore affirm in part, reverse in part and remand for further proceedings based on a cause of action for promissory estoppel.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
HERSEY, C.J., DELL, J., and HURLEY, DANIEL T.K., Associate Judge, concur.
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Citator
Cited By
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Walter H.C. Drakeford v. Barnett Bank OF Tampa, 694 So. 2d 822 (Fla. 2d DCA 1997)…n if a party improperly labels a cause of action or fails to properly frame a cause of action, the complaint should not be dismissed in its entirety if it states facts sufficient to support some cause of action. See Xamnad, Inc. v. Patio Cafe, Inc., 486 So. 2d 699, 700 (Fla. 4th DCA 1986). Despite the inadequacy of the pleadings in the instant case, we cannot conclude from the facts in the complaint that appellant cannot state a cause of action. Accordingly, we reverse and remand with directions that the tri…
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Fischer v. Fischer, 195 So. 3d 1170 (Fla. 4th DCA 2016)…one of the listed grounds for modification. In actions involving numerous counts, dismissal of the entire case is proper only if the plaintiff has failed to establish a prima facie case as to each of the counts. See Xamnad, Inc. v. Patio Cafe, Inc., 486 So. 2d 699, 700 (Fla. 4th DCA 1986) (holding that the trial court reversibly erred in dismissing the multi-count complaint in its entirety when the facts therein supported at least one cause of action); see also Sec. Abstract & Ins. Co. v. Fid. Nat’l Title Ins…
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Ada Ramirez v. Cmty. Health OF S. Dade, Inc., 543 So. 2d 818 (Fla. 3d DCA 1989)…d DCA 1984); Genet Co. v. Annheuser-Busch, Inc., 498 So. 2d 683 (Fla. 3d DCA 1986); Metropolitan Life Ins. Co. v. [*819] McCarson, 467 So. 2d 277 (Fla.1985); Hohenberg v. Kirstein, 349 So. 2d 765 (Fla. 3d DCA 1977); Xamnad, Inc. v. Patio Cafe, Inc., 486 So. 2d 699 (Fla. 4th DCA 1986).…
Authorities Cited
- Henning Hansen v. Cent. Adjustment Bureau, 348 So. 2d 608 (Fla. 4th DCA 1977)
- State v. Derrell K. Kelley, 399 So. 2d 81 (Fla. 2d DCA 1981)
- Circle Fin. Co. v. Peacock, 399 So. 2d 81 (Fla. 1st DCA 1981)
- Bolton v. Smythe, 432 So. 2d 129 (Fla. 5th DCA 1983)