RETAIL PLANNING HOLDING CORPORATION v. THRASHER

No. 91-811.

590 So.2d 1041 (1991)

RETAIL PLANNING HOLDING CORPORATION, the Ferber Company, and Delta Shamrock Enterprises, Inc. d/b/a RPC/FD Partners, Appellants, v. Elwin R. THRASHER, Jr., Appellee.

District Court of Appeal of Florida, First District.

December 17, 1991.


Attorney(s) appearing for the Case

M. Stephen Turner, Kelly Overstreet Johnson, and Michael R. Kercher, of Broad and Cassel, Tallahassee, for appellants.

Thomas J. Guilday and M. Kay Simpson, of Huey, Guilday, Kuersteiner & Tucker, P.A., Tallahassee, for appellee.


WIGGINTON, Judge.

Appellants appeal an order dismissing Count IV of their amended complaint for failure to state a cause of action against appellee Elwin R. Thrasher, Jr. We find that appellants' amended complaint contains sufficient allegations of both an agreement between the parties, which created in appellee Thrasher a limited duty, and breach of that agreement and duty. If proven, those allegations can establish a sufficient predicate for relief. See Williams...

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