Date: 11-19-2003

Case Style: Ernest L. Bass v. Servpro Industries, Inc.

Case Number: 1D02-977

Judge: Per Curiam

Court: Florida Court of Appeals, First District

Plaintiff's Attorney: Sharon C. Degnan, Esquire and Diane H. Tutt, Esquire, of Diane H. Tutt, P.a., Plantation, for Appellant.

Defendant's Attorney: Matthew J. Sweeney, III, Dinsomore & Shohl, LLL, Nashville, Tennessee; E. Lanny Russell, Smith Hulsey & Busey, Jacksonville, for Appellee.

Description:

Appellant Ernest Bass instituted a civil action against appellee Servpro Industries, Incorporated, asserting various claims arising from a franchise relationship between the two parties. The trial court granted final judgment in favor of Servpro after ruling for it on various motions to dismiss and motions for summary judgment. On appeal, Bass challenges many of these rulings. We affirm without further comment except in regard to the following claims.

First, the trial court erred in dismissing the claims in counts IV, VIII, and IX of the second amended complaint and counts III and V of the third amended complaint because Bass sufficiently alleged facts that, if true, would entitle him to relief. See W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 2d 297, 300 (Fla. 1s t DCA 1999). The trial court also erred in dismissing count I, paragraph 13Q of the fourth amended complaint because "a stay, not a dismissal or abatement, was the proper remedy in this case." Corcoran v. Fed. Land Bank of Columbia, 478 So. 2d 1161, 1163 (Fla. 1st DCA 1985).

Outcome: We reverse the trial court’s orders as to these claims.

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Click the case caption above for the full text of the Court's opinion.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Digested by Kent Morlan