DON L. REED AND BEVERLY REED, APPELLANTS,
v.
BRIGHAM HART, LITA HART, B AND L HART ENTERPRISES, ET AL., APPELLEES
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PER CURIAM.
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.
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Authorities Cited
- Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So. 2d 812 (Fla. 1994)
- F.T. Landry v. Hornstein, 462 So. 2d 844 (Fla. 3d DCA 1985)
- Dwight v. Tobin, 947 F.2d 455 (11th Cir. 1991)
- Winter Haven Hosp. v. Donnie B. Milton, 340 So. 2d 518 (Fla. 2d DCA 1976)
- Lester v. Lester, 462 So. 2d 844 (Fla. 3d DCA 1985)