WEST KENDALL v. DOWNRITE ENGINEERING

No. 3D12-781.

112 So.3d 614 (2013)

WEST KENDALL HOLDINGS, LLC, etc., Appellant, v. DOWNRITE ENGINEERING CORPORATION, etc., Appellee.

District Court of Appeal of Florida, Third District.

April 24, 2013.


Attorney(s) appearing for the Case

GPG Law, and Alan G. Geffin , Miami, and Christopher Perez-Gurri , Fort Lauderdale, for appellant.

Groves & Verona, and Russell M. Verona , Miami, for appellee.

Before SALTER, EMAS and FERNANDEZ, JJ.


SALTER, J.

The plaintiff, West Kendall Holdings, LLC, appeals an order dismissing its complaint with prejudice. We reverse the order, finding that none of the grounds argued in the motion merit dismissal with prejudice.

The test on a motion to dismiss is not whether the plaintiff can prevail at trial, but whether the complaint states a cause of action. United Auto. Ins. Co. v. Law Offices of Michael I. Libman...

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