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LANDRUM v. JOHN DOE PIT DIGGER

Nos. 95-05194, 96-00252.

696 So.2d 926 (1997)

Felicia LANDRUM, as personal representative of the Estate of Anthony (Tony) Landrum, deceased, Appellant, v. JOHN DOE PIT DIGGER; Otter Lake Development, Inc., a Florida corporation; Otter Lake Development, a Florida partnership composed of Betty Jane Bacon, Theron A. Arnold and Joseph S. Pagliano, as partners; Otter Lake Joint Venture, a Florida partnership composed of Marilyn F. McIntosh, personal representative of the Estate of Craig McIntosh, Roger Conley, Earl L. Snyder, II, William Dooley, and Sandra Sutton as partners; Sutton Group Properties; Richard Sutton and Sandra Sutton, individually; and Otter Lake Homeowners' Association, Inc., Appellees.

District Court of Appeal of Florida, Second District.

July 9, 1997.

Attorney(s) appearing for the Case

Patrick Dekle; Robert J. Shapiro; and A. Woodson Isom, Jr., Tampa, for Appellant.

Donald W. Yetter of Yetter & Zaremba, P.A., Bradenton, for Appellee Theron A. Arnold.

Roger P. Conley of Conley & Cleary, Bradenton, for Appellee Roger Conley.

William A. Dooley and J. Neal Mobley of Nelson & Hesse, Sarasota, for Appellee William Dooley.

David W. Wilcox, Bradenton, for Appellee Marilyn F. McIntosh, personal representative of the Estate of Craig McIntosh.

Alan E. Tannenbaum and Jane M. Kennedy of Levin and Tannenbaum, P.A., Sarasota, for Appellee Otter Lake Homeowners' Association, Inc.

Charles W. Hall, Jeffrey P. Winkler and William A. Kebler of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., St. Petersburg, for Appellee Joseph S. Pagliano.

Richard R. Garland and A. James Rolfes of Dickinson & Gibbons, P.A., Sarasota, for Appellee Earl L. Snyder, II.

John D. Hawkins and Douglas A. Peebles of Grimes, Goebel, Grimes and Hawkins, P.A., Bradenton, for Appellees Sutton Group Properties, Richard and Sandra Sutton.

QUINCE, Judge.

Felicia Landrum, as personal representative of her son Anthony Landrum's estate (the estate), challenges the trial court's order dismissing several counts of her amended complaint for failure to state a cause of action. We reverse because the allegations are sufficient to state a cause of action for negligence.

The estate filed a six-count amended complaint alleging causes of action sounding in negligence and breach of warranty against appellees...

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