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PENINSULAR FLA. DIST. COUNCIL v. PAN AM. INV. AND DEV. CORP.

Nos. 83-2145, 83-2195.

450 So.2d 1231 (1984)

PENINSULAR FLORIDA DISTRICT COUNCIL OF ASSEMBLIES OF GOD, Appellant, v. PAN AMERICAN INVESTMENT AND DEVELOPMENT CORPORATION, Heller, Weaver and Associates, Inc., Alfred D. Griffin, Sr., and Mary Catherine Griffin, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied June 27, 1984.

Attorney(s) appearing for the Case

Joel Miller of Miller & Squire, Chartered, Fort Lauderdale, for appellant.

John E. Aurelius of James, Bielejeski & Aurelius, P.A., Fort Lauderdale, for appellees-Pan American Investment and Development Corporation.

Alvin Capp of Capp, Reinstein, Kopelowitz & Atlas, P.A., Fort Lauderdale, for appellee-Heller, Weaver and Associates, Inc.

PER CURIAM.

The plaintiff appeals from an order dismissing both counts of its complaint for failure to state a cause of action. We reverse as to Count I and affirm as to Count II.

With respect to Count I, we find the allegations of fraud against defendant Pan American Investment and Development Corp. ("Pan American") sufficient to withstand a motion to dismiss. When fraud is asserted as a claim or defense, the facts and circumstances constituting the fraud...

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