BERKE DISPLAYS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
GREATER MIAMI HOTEL ASSOCIATION, PAN AMERICAN HOTEL AND RESTAURANT EXPOSITION, MANNCRAFT EXHIBITORS SERVICE, INC., A FLORIDA CORPORATION, AND WILLIAM SHADDUCK, APPELLEES
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This case involves an appeal from an order dismissing a complaint. The appellate court reversed the dismissal, finding that the complaint, when its well-pleaded allegations are taken as true, sufficiently stated a cause of action.
Yes, the amended complaint sufficiently states a cause of action to withstand a motion to dismiss.
“When considering a motion to dismiss, the court must take as true all the well pleaded allegations in the complaint.”
Establishes the standard of review for a motion to dismiss.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Berke Displays, Inc., filed an amended complaint which was subsequently dismissed with prejudice by the lower court for failure to stat…
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Plaintiff has appealed a final order dismissing with prejudice its amended complaint for failure to state a cause of action.
The sole question on appeal is whether the complaint as amended states a cause of action. Applying the common law principles relating to contracts and the requirements of Rule 1.8(b) Florida Rules of Civil Procedure, 30 F.S.A., we conclude that plaintiff has sufficiently alleged a cause of action.
When considering a motion to dismiss, the court must take as true all the well pleaded allegations in the complaint. Harms v. Miami Daily News, Inc., Fla.App.1961, 127 So.2d 715, and Fletcher v. Williams, Fla.App. 1963, 153 So.2d 759. Applying these principles to the instant case, we conclude that plaintiff has sufficiently alleged a cause of action to withstand the attack made upon it. Whether the appellant will be successful in the proof of its allegations is not before us for determination.
The order dismissing the complaint is reversed and the cause is remanded for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McRAE v. Douglas, 644 So. 2d 1368 (Fla. 5th DCA 1994)…e existence of a property interest and he asserts that such allegation must be accepted as true in considering a motion to dismiss his complaint. However, only well pleaded allegations are accepted. Berke Displays, Inc. v. Greater Miami Hotel Ass’n, 168 So. 2d 692 (Fla. 3d DCA 1964). McRae asserts that he alleged and can prove that he entered into a contract of employment under the explicit condition that he could be dismissed only for “just cause” after having been provided a fair hearing. McRae relies on an…
Authorities Cited
- Fletcher v. Williams, 153 So. 2d 759 (Fla. 1st DCA 1963)
- Harms v. Miami Daily News, Inc., 127 So. 2d 715 (Fla. 3d DCA 1961)