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BARNETT BANKS OF FLORIDA, INC. v. ATHANS

No. 82-182.

426 So.2d 1283 (1983)

BARNETT BANKS OF FLORIDA, INC., Appellant, v. Nicholas D. ATHANS, Mock, Roos & Search, Inc., N/K/a Mock, Roos & Associates, Inc., a Florida Corporation and Kemp, Bunch and Jackson, Architects, Inc., N/K/a Kbj Architects, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

February 16, 1983.

Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Jones & Foster, P.A., West Palm Beach, for appellant.

Donna S. Catoe of Peters, Pickle, Flynn, Niemoeller, Stieglitz & Down, Miami, for appellee-Mock, Roos & Search, Inc., n/k/a Mock, Roos & Associates, Inc.

PER CURIAM.

Bearing in mind the well settled principles which govern a motion to dismiss, see Poulos v. Vordermeier, 327 So.2d 245 (Fla. 4th DCA 1976), we are compelled to reverse an order granting such a motion because of our conclusion that the trial court prematurely determined a mixed question of law and fact.

REVERSED AND REMANDED.

HERSEY, GLICKSTEIN and HURLEY...

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