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BAITON v. CARNIVAL CRUISE LINES, INC.

No. 94-1088.

661 So.2d 313 (1995)

Luis BAITON, Appellant, v. CARNIVAL CRUISE LINES, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 1, 1995.

Attorney(s) appearing for the Case

Charles Lipcon; Cooper & Wolfe and Sharon L. Wolfe, Miami, and Christine M. Ng, Coral Gables, for appellant.

Keller, Houck & Shinkle, Miami and Jerry D. Hamilton, West Palm Beach and Vincent O'Brien, Tampa, for appellee.

Before BASKIN, JORGENSON and COPE, JJ.

COPE, Judge.

Luis Baiton appeals a final order dismissing his lawsuit with prejudice for failure to state a cause of action. We reverse.

I.

For purposes of considering the defendant Carnival Cruise Lines, Inc.'s motion to dismiss, the plaintiff's allegations in his second amended complaint must be accepted as true.1 See Hochman v. Lazarus Homes Corp.,

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