SWAFFORD v. SCHWEITZER

No. 4D04-2496.

906 So.2d 1194 (2005)

William SWAFFORD and Sandy Swafford, Husband and Wife, Appellants, v. Harold SCHWEITZER, an individual, Appellee.

District Court of Appeal of Florida, Fourth District.

July 20, 2005.


Attorney(s) appearing for the Case

Edward T. Dinna of the Law Office of Edward T. Dinna, Fort Lauderdale, for appellants.

Joseph B. Heimovics of Graner Root & Heimovics, P.A., Boca Raton, for appellee.


PER CURIAM.

Upon Harold Schweitzer's Motion to Dismiss Third Amended Counterclaim, the trial court dismissed with prejudice William and Sandy Swafford's claim for unjust enrichment. Schweitzer argued that the claim failed to state a cause of action and was barred by the statute of limitations. The trial court did not state its grounds for dismissal. We reverse.

To state a cause of action for unjust enrichment, the complaint must allege:

(1) plaintiff...

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