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LAY v. ROUX LABORATORIES, INC.

Nos. OO-208, OO-474.

379 So.2d 451 (1980)

Donesta S. LAY and Larry R. Lay, Appellants, v. ROUX LABORATORIES, INC., a New York Corporation, Appellee. Donesta S. LAY and Larry R. Lay, Appellants, v. George KREMER, Jr., Appellee.

District Court of Appeal of Florida, First District.

February 6, 1980.

Attorney(s) appearing for the Case

Gail A. Gottardo of Searcy, Smith, Facciolo & Kirby, P.A., and Joseph Morrell, Jacksonville, for appellants.

Bruce S. Bullock of Bullock, Sharp & Childs, P.A., and Martin J. Mickler, Jacksonville, for appellee Roux Laboratories, Inc.

Charles Cook Howell, III, of Howell, Howell, Liles, Braddock & Milton, Jacksonville, for appellee George Kremer.

PER CURIAM.

The Lays appeal an order of the trial judge dismissing Roux Laboratories, Inc. as defendant and dismissing Count I of their three count complaint. We hold Count I was properly dismissed with prejudice because it failed to state a cause of action for the independent tort of intentional infliction of emotional distress in accordance with this Court's opinion in Ford Motor Credit Company v. Sheehan, 373 So.2d 956

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