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Mullray v. Barnett Bank

District Court of Appeal of Florida, Third District
Jun 21, 1994
638 So. 2d 199 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2421.

June 21, 1994.

An Appeal from the Circuit Court for Dade County; Sidney B. Shapiro, Judge.

Kimarie R. Stratos, Miami, for appellants.

Stuzin and Camner and Mark E. Pollack, Miami, for appellee.

Before NESBITT, BASKIN and GERSTEN, JJ.


We reverse the order granting the motion to dismiss plaintiffs' complaint filed by defendant, Barnett Bank of South Florida, N.A. Taking the well-pled allegations in the complaint as true, and resolving all doubt in favor of the pleading parties, Calvera v. Green Springs, Inc., 220 So.2d 414 (Fla. 3d DCA 1969), approved in part, quashed in part, 239 So.2d 264 (Fla. 1970); Price v. Morgan, 436 So.2d 1116 (Fla. 5th DCA 1983), review denied, 447 So.2d 887 (Fla. 1984), we hold that the complaint states a cause of action for breach of contract, Industrial Medicine Pub. Co. v. Colonial Press of Miami, Inc., 181 So.2d 19 (Fla. 3d DCA 1965); see Carole Korn Interiors, Inc. v. Goudie, 573 So.2d 923 (Fla. 3d DCA 1990), and promissory estoppel. See W.R. Grace Co. v. Geodata Serv., Inc., 547 So.2d 919 (Fla. 1989). The complaint adequately alleges ultimate facts supporting each element of the causes of action asserted. See Clark v. Boeing Co., 395 So.2d 1226 (Fla. 3d DCA 1981).

The order is reversed and the cause remanded for further proceedings.

Reversed and remanded.


Summaries of

Mullray v. Barnett Bank

District Court of Appeal of Florida, Third District
Jun 21, 1994
638 So. 2d 199 (Fla. Dist. Ct. App. 1994)
Case details for

Mullray v. Barnett Bank

Case Details

Full title:DANIEL MULLRAY AND ELEANOR MULLRAY, APPELLANTS, v. BARNETT BANK OF SOUTH…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 21, 1994

Citations

638 So. 2d 199 (Fla. Dist. Ct. App. 1994)

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