HEMBREE v. REAVES

No. R-192.

266 So.2d 362 (1972)

J.D. HEMBREE et al., Appellants, v. David REAVES, Appellee.

District Court of Appeal of Florida, First District.

September 14, 1972.


Attorney(s) appearing for the Case

Stephen B. Lewallen of Andrews & Lewallen, Robert P. Cates, and Herbert J. Jones of Jones & Bates, Gainesville, for appellants.

Barry D. Graves of Jones & Ritch, Gainesville, for appellee.


PER CURIAM.

Defendants seek review by interlocutory appeal of the trial court's order denying their motion to dismiss the complaint filed herein for failure to state a cause of action. In testing the sufficiency of such a motion, the material allegations of the complaint are taken as true.1 Some of the grounds urged by defendants in support of their motion are improperly based upon facts not alleged in the complaint and, therefore, may...

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