EDWIN H. SMITH, Judge.
This is an appeal from an order dismissing Everett and Brenda Taylor's (hereinafter appellants) petition for attorney's fees and damages that stem from an alleged breach of a real estate contract with Wayne and Shirley Seaman (hereinafter respondents). Appellants assert on appeal that the trial court erred in dismissing their petition based on the "Doctrine of Merger". We agree on procedural grounds and reverse and remand.
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