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Mercedes Maria CALLE, as Personal Representative of the Estate of Jorge O. Paiz, on behalf of the Estate, and Patri Paiz, as surviving daughter of Jorge O. Paiz, and Jorge Luis Paiz, as surviving son of Jorge O. Paiz v. METROPOLITAN DADE COUNTY
Opinions in this case
- Majority
- Concurrence — Pearsondaniel
PER CURIAM.
We reverse the order dismissing a complaint with prejudice for failure to state a cause of action. It cannot be said that the pleadings are so inconsistent with the attached exhibits as to neutralize each other. See Harry Pepper & Assocs. v. Lasseter, 247 So.2d 736 (Fla. 3d DCA), cert. denied, 252 So.2d 797 (Fla.1971). The sufficiency of the evidence which the plaintiff is likely to produce may not be considered on a motion to dismiss. N.E. at West Palm Beach, Inc. v. Horowitz, 471 So.2d 570 (Fla. 3d DCA 1985).
Reversed and remanded.
HUBBART and FERGUSON, JJ., concur.