Barnett Banks of Florida, Inc. v. Athans (426 So. 2d 1283, 1983)

Florida District Court of Appeal 1983-02-16

Citations

Full opinion text

PER CURIAM.

Bearing in mind the well settled principles which govern a motion to dismiss, see Poulos v. Vordermeier, 327 So.2d 245 (Fla. 4th DCA 1976), we are compelled to reverse an order granting such a motion because of our conclusion that the trial court prematurely determined a mixed question of law and fact.

REVERSED AND REMANDED.

HERSEY, GLICKSTEIN and HURLEY, JJ., concur.