RAY COUDRIET BUILDERS, INC., APPELLANT,
v.
R.K. EDWARDS, INC., ET AL., APPELLEES
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Ray Coudriet Builders appealed the dismissal of its third-party complaint against R.K. Edwards, a drywall subcontractor, alleging breach of contract and indemnification. The court reversed, holding that Coudriet's pleading, despite inartful drafting, sufficiently alleged breach by describing specific drywall deficiencies and must be construed liberally to allege improper performance.
The court held that Coudriet's pleading, read in its entirety, sufficiently alleged breach of contract. Although paragraph 43 stated Edwards performed the work, subsequent paragraphs specifically alleged Edwards failed to properly install the drywall in a workmanlike manner, and the attached inspection report and detailed deficiency list provided sufficient notice of the breach claim.
[1] A third-party complaint is sufficient to survive a motion to dismiss if its allegations, when taken as true and construed in favor of the pleader, state a cause of action…
[2] When reviewing a motion to dismiss, all factual allegations in the complaint must be taken as true, and all reasonable inferences must be drawn in favor of the pleader.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Taking the allegations against Edwards in their entirety, we agree with Coudriet's contention that paragraph 43 should be construed to allege that although Edwards had finished the work it agreed to perform, it had, if Tremonti's allegations were proven, performed the work improperly.”
Establishes the court's holding that pleadings must be read holistically, not in isolation, and that paragraph 43 adequately alleged breach when considered with subsequent allegations.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCoudriet agreed to build a residence for Mark Tremonti and subcontracted drywall work to Edwards under an oral agreement requiring work "in a good wor…
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Ray Coudriet Builders, Inc. (“Coudriet”) appeals from a final order dismissing, with prejudice, its third amended third-party complaint against R.K. Edwards, Inc. (“Edwards”). We conclude that Coudriet’s pleading, although inartfully drafted, was sufficient to survive a motion to dismiss.
The instant litigation stems from a written agreement between Mark Tremon-ti and Coudriet for the construction of a large, single-family residence. Tremonti moved into the residence shortly after the issuance of the certificate of occupancy. Subsequently, Tremonti filed a multi-count complaint and amended complaint against Coudriet, alleging that he had sustained damages from Coudriet’s defective construction of his home. Tremonti’s amended complaint included counts for, inter alia, breach of contract, breach of express warranty, breach of implied warranty, and *485concealment of latent defects. Tremonti’s amended complaint set forth the nature of the alleged construction defects in rather general and conclusory terms. In turn, Coudriet filed its third-party action against several of the project’s subcontractors, including Edwards. Coudriet’s third amended third-party complaint alleged that it had entered into an oral contract with Edwards, whereby Edwards agreed to install the interior drywall for the Tremonti residence “in a good workmanlike manner.” Coudriet’s pleading included counts against Edwards for breach of contract, indemnification, and contribution. Paragraph 43 of the third amended third-party complaint was the subject of much discussion at the hearing on. Edwards’ subsequently filed motion to dismiss. That paragraph read in relevant part:
[Edwards] performed its drywall work pursuant to the oral agreement and was paid by [Coudriet] for its drywall work, but such work is alleged by [Tremonti] to be deficient.
The trial court concluded that this language was fatal to Coudriet’s pleading because Coudriet “said that they performed the drywall work pursuant to the oral agreement. There was no allegation that they failed to perform pursuant to the oral agreement.”
We respectfully disagree with the trial court’s conclusion. In the subsequent paragraphs of the pleading, Coudriet specifically alleged that Edwards breached its oral contract with Coudriet by failing to properly install the interior drywall at Tre-monti’s residence in a good, workmanlike manner. The alleged defects, as asserted by Tremonti, were also specified in Coud-riet’s third amended third-party complaint:
Tremonti has alleged that deficiencies exist in [Edwards’] work, including, but not limited to:
a. Drywall was not fully bedded and sanded in areas;
b. Drywall seams and fasteners were not properly applied and can be readily viewed from a distance greater than 6 feet;
c. Drywall repairs in bathroom were not finished.
Additionally, a copy of a home inspection report, apparently prepared on behalf of Tremonti, was attached to the third amended third-party complaint and included an assertion that the drywall work throughout the house was “very poor.”
Taking the allegations against Edwards in their entirety, we agree with Coudriet’s contention that paragraph 43 should be construed to allege that although Edwards had finished the work it agreed to perform, it had, if Tremonti’s allegations were proven, performed the work improperly.
In its answer brief, Edwards raised alternative grounds to support the dismissal of Coudriet’s third amended third-party complaint. In rejecting these alternative grounds, we would emphasize that in reviewing a trial court’s order granting a motion to dismiss with prejudice, we must take all factual allegations as true and draw all reasonable inferences in favor of the pleader. Wallace v. Dean, 3 So.3d 1035,1042-43 (Fla.2009).
The trial court’s separate order awarding Edwards’ reasonable attorney’s fees is also reversed.1 See Black Diamond Props., Inc. v. Haines, 90 So.3d 851, 851 (Fla. 5th DCA 2012) (reversing an order awarding attorney’s fees where underlying *486final judgment entered in favor of appel-lees had been reversed).
REVERSED and REMANDED.
COHEN and EDWARDS, JJ., concur.
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Andrea Jordan for the Estate of Charles E. Jordan v. Nienhuis, 203 So. 3d 974 (Fla. 5th DCA 2016)…(reviewing de novo dismissal of complaint for failure to state cause of action). We take the factual allegations in the complaint as true and draw all reasonable inferences in favor of the pleader. Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So. 3d 484, 485 (Fla. 5th DCA 2015). However, general, vague and conclusory statements are insufficient to satisfy the requirement that a pleader allege “a short and plain statement of the ultimate facts showing the pleader is entitled to relief — ” Fla. R. Ci…
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Mohan v. Orlando Health, Inc., 163 So. 3d 1231 (Fla. 5th DCA 2015)…5th DCA 2014). When reviewing a dismissal order, the appellate court must take all factual allegations set forth in the complaint as true and draw all reasonable inferences in favor of the pleader. Ray Coudriet Builders, Inc., v. R.K. Edwards, Inc., 157 So. 3d 484 (Fla. 5th DCA 2015). The court cannot look further than the complaint and its attachments when considering a dismissal motion. King v. Baptist Hosp. of Miami, Inc., 87 So. 3d 39, 43 (Fla. 3d DCA 2012). In Count I, Plaintiffs alleged the following c…
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Demase v. State Farm Fla. Ins. Co., 239 So. 3d 218 (Fla. 5th DCA 2018)…leading of a claim, we take the factual allegations in the complaint as true and draw all reasonable inferences in favor of the pleader. Jordan v. Nienhuis, 203 So. 3d 974, 976 (Fla. 5th DCA 2016) ; Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So. 3d 484, 485 (Fla. 5th DCA 2015). As we shall explain, we hold that an underlying action on the insurance contract is not required for there to be a determination of the insurer's liability and the extent of the damages as a prerequisite to filing a statut…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wallace v. Dean, 3 So. 3d 1035 (Fla. 2009)
- Black Diamond Props., Inc. v. Haines, 90 So. 3d 851 (Fla. 5th DCA 2012)