LANZO CONSTRUCTION COMPANY, FLORIDA, APPELLANT,
v.
ORANGE COUNTY, FLORIDA AND CAMP, DRESSER AND MCKEE, INC. APPELLEES
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GOSHORN, Judge.
Lanzo Construction Company appeals the dismissal with prejudice of its third amended complaint against both Orange County, Florida and Camp, Dresser and McKee, Inc. The function of a motion to dismiss is to raise a question of law concerning the sufficiency of the alleged facts to state a cause of action. Because the motion serves only to test the sufficiency of the pleadings it must be decided on questions of law only and thus all material facts properly pleaded are admitted as true. See e.g. Crompton v. Kirkland, 24 So. 2d 902, 904 (Fla.1946); Temples v. Florida Industrial Construction Co., Inc., 310 So. 2d 326 (Fla. 2d DCA 1975); O’Neal v. Crumpton Builders Inc., 143 So. 2d 344 (Fla. 1st DCA 1962). Since each of the eleven counts contains sufficient allegations to state a cause of action, we reverse.
REVERSED and REMANDED.
SHARP, C.J., and DANIEL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bozeman v. Hernando Cnty., 548 So. 2d 300 (Fla. 5th DCA 1989)…r, assuming the plaintiff is able to prove all of the allegations set forth in the complaint, such would establish a cause of action against the defendant. Lanzo Construction Company, Florida v. Orange County, Florida, Camp, Dresser and McKee, Inc., 546 So. 2d 432 (Fla. 5th DCA 1989). See also Dawson v. Blue Cross Association, 293 So. 2d 90 (Fla. 1st DCA 1974). In contrast, when reviewing a motion for summary judgment, the trial court is not limited simply to the four corners of the complaint. Rather, the tri…
Authorities Cited
- Temples v. Fla. Indus. Constr. Co., Inc., 310 So. 2d 326 (Fla. 2d DCA 1975)
- Gibbs Crompton v. Kirkland, 157 Fla. 89 (Fla. 1946)
- Eli O'Neal v. Crumpton Builders, Inc., 143 So. 2d 344 (Fla. 1st DCA 1962)