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CALLE v. METROPOLITAN DADE COUNTY

No. 86-1837.

511 So.2d 619 (1987)

Mercedes Maria CALLE, As Personal Representative of the Estate of Jorge O. Paiz, On Behalf of the Estate, and Patri Paiz, As Surviving Daughter of Jorge O. Paiz, and Jorge Luis Paiz, As Surviving Son of Jorge O. Paiz, Appellants, v. METROPOLITAN DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 9, 1987.

Attorney(s) appearing for the Case

Miller & Selig, Daniels & Hicks and Bambi G. Blum, Miami, for appellants.

Robert A. Ginsberg, Co. Atty., and James J. Allen, Asst. Co. Atty., for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

We reverse the order dismissing a complaint with prejudice for failure to state a cause of action. It cannot be said that the pleadings are so inconsistent with the attached exhibits as to neutralize each other. See Harry Pepper & Assocs. v. Lasseter, 247 So.2d 736 (Fla. 3d DCA), cert. denied, 252 So.2d 797 (Fla. 1971). The sufficiency of the evidence which the plaintiff...

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