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CONTE v. R & A FOOD SERVICES, INC.

No. 93-04026.

644 So.2d 133 (1994)

Randy CONTE and Debbie Conte, husband and wife, Appellants, v. R & a FOOD SERVICES, INC., a Delaware Corporation, Appellee.

District Court of Appeal of Florida, Second District.

October 19, 1994.

Attorney(s) appearing for the Case

Thomas P. Fox and Enrico G. Gonzalez of King & Fox, P.A., Tampa, for appellants.

Robert L. Rocke and Mercedes G. Hale of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, for appellees.

LAZZARA, Judge.

The appellants, Randy Conte and Debbie Conte (the Contes), appeal the trial court's dismissal with prejudice of count I of their two-count complaint which alleged a breach of contract on the part of appellee, R & A Food Services, Inc. (R & A).1 We conclude that the trial court erred in dismissing count I by improperly considering an affirmative defense raised by R & A in a motion to dismiss. Accordingly, we...

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