MOTYCZKA v. HALL

No. 97-2270.

706 So.2d 959 (1998)

William J. MOTYCZKA, Appellant, v. Andrew C. HALL, Esq., et al., Appellees.

District Court of Appeal of Florida, Third District.

March 18, 1998.


Attorney(s) appearing for the Case

David Harris Singer and Maureen O'Donnell, Miami, for appellant.

Andrew Hall and Christopher M. David, Miami, for appellees.

Before JORGENSON, COPE and GODERICH, JJ.


PER CURIAM.

In the underlying action, the trial court entered an order granting the defendants' motion to dismiss with prejudice portions of the plaintiffs' amended complaint as a sham and the remaining portions for failure to state a cause of action. We find that, with regard to the portions of the amended complaint that were dismissed as a sham, the trial court erred by granting the dismissal without first conducting an evidentiary hearing as is required by Rule...

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