Dyck-O'Neal, Inc. v. Alice Cislo

Summary

The Florida Supreme Court quashed the First District Court of Appeal’s prior decision and remanded the case for reconsideration in light of Dyck-O’Neal, Inc. v. Lanham. On remand, the First District reversed the trial court’s dismissal and remanded for a determination on the merits of Dyck-O’Neal’s deficiency claim.

Holdings

1. The trial court's dismissal order must be reversed, and the case remanded for determination on the merits of Dyck-O'Neal's deficiency claim.

Questions Presented

1. Whether, in light of Dyck-O'Neal, Inc. v. Lanham, the trial court's dismissal of Dyck-O'Neal's deficiency claim should stand.

Disposition

reversed_and_remanded