ALVAREZ v. DeAGUIRRE

No. 79-731.

395 So.2d 213 (1981)

Nazario ALVAREZ, Martha Alvarez and Marlene Alvarez, Both Minor Children, by and through Nazario Alvarez, Appellants, v. Martha DeGuirre, National American Insurance Company, Indiana Insurance Company, and Jennings Construction Corporation, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 30, 1981.


Attorney(s) appearing for the Case

Norman N. Zipkin and Bernard I. Rappaport, John A. Finn, Miami, for appellants.

Frates, Floyd, Pearson, Stewart, Richman & Greer and James C. Gailey, Bartel, Shuford & Dubitsky and Mark Kamilar, Miami, for appellees.

Before BARKDULL, HENDRY and NESBITT, JJ.


NESBITT, Judge.

This is an appeal from an order granting defendants' motion to dismiss plaintiffs' fifth amended complaint for failure to state a cause of action.

The factual allegations of the various causes of action alternatively alleged in the fifth amended complaint showed that the plaintiffs-appellants leased a single-family residence from its owner, defendant-appellee, DeAguirre. Co-defendant, Jennings Construction Corporation was the general contractor...

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