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HELMS v. GENERAL FILM DEVELOPMENT CORP.

No. 76-1091.

346 So.2d 1064 (1977)

Ralph HELMS, Minnie Goodman and Norman F. LeFevre, Appellants, v. GENERAL FILM DEVELOPMENT CORPORATION et al., Appellees.

District Court of Appeal of Florida, Third District.

June 7, 1977.

Attorney(s) appearing for the Case

Guy B. Bailey, Jr. and William Berger, Miami, for appellants.

James Whitmore Miller, Coral Gables, for appellees.

Before HENDRY, C.J., and PEARSON and HUBBART, JJ.

PEARSON, Judge.

The plaintiffs appeal a judgment dismissing their complaint with prejudice. The order was entered pursuant to defendant's motion to dismiss prior to answer. The allegations of the complaint must be taken as true. See O'Neal v. Crumpton Builders, Inc., 143 So.2d 344 (Fla. 1st DCA 1962). Inasmuch as it does not affirmatively appear that the plaintiff does not have a cause of action, it was error to dismiss the...

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