GOODMAN v. HABIF

No. 82-611.

424 So.2d 171 (1983)

George W. GOODMAN and Paula Goodman, His Wife, Appellants, v. Moreno HABIF, Trustee, and Blue Seas, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

January 4, 1983.


Attorney(s) appearing for the Case

Fuller & Feingold and Laurence Feingold, Miami Beach, for appellants.

Murray B. Weil, Jr., Miami Beach, for appellees.

Before HENDRY, BASKIN and FERGUSON, JJ.


BASKIN, Judge.

We reverse the trial court's dismissal of appellants' second amended complaint seeking to terminate a lease. The complaint stated a cause of action under the terms of the lease which required the lessee to deposit specified amounts in an escrow account, to pay taxes and to be responsible for reasonable attorneys' fees in the event of default and court action.

On a motion to dismiss, the trial court's function is to determine whether the complaint...

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