POULOS v. VORDERMEIER

No. 75-1445.

327 So.2d 245 (1976)

William G. POULOS and Ester Poulos, His Wife, Appellants, v. Kenneth F. VORDERMEIER, d/b/a Vordermeier Insurance Agency, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

February 27, 1976.


Attorney(s) appearing for the Case

Borden R. Hallowes, Fort Lauderdale, for appellants.

John E. Salmon, of Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, Miami, for appellees.


WALDEN, Chief Judge.

Upon motion to dismiss the trial court finally dismissed plaintiff's complaint on the basis that the cause was barred by the Statute of Limitations. Plaintiffs appeal. We reverse and remand.

Beginning with time honored basics, all know that the function of a motion to dismiss a complaint is to raise a question of law as to the sufficiency of the facts alleged to state a cause of action. The motion admits as true all well pleaded facts...

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