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FISHMAN v. AUCTION COMPANY OF AMERICA

No. 4-86-2171.

526 So.2d 94 (1987)

Peter FISHMAN and Cora A. Fishman, Appellants, v. AUCTION COMPANY OF AMERICA and James Gall, Appellees.

District Court of Appeal of Florida, Fourth District.

November 25, 1987.

Attorney(s) appearing for the Case

Charles M. Auslander, R. Barbara Ressler, and J. Philip Landsman of Fine Jacobson Schwartz Nash Block & England, P.A., Fort Lauderdale, for appellants.

Bradford A. Thomas and Timothy M. Ingram of Kimbrell & Hamann, P.A., Miami, for appellees.

PER CURIAM.

We reverse the judgment on the pleadings and order of dismissal entered against the appellants in their action alleging active fraud against the appellees. Since the pleadings state a cause of action for fraud and no defenses are established on the face of the pleadings it was error to enter a dismissal and judgment on the pleadings. See Storrs v. Storrs, 130 Fla. 711, 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N...

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