436 So. 2d 143 | Fla. Dist. Ct. App. | 1983
Appellant’s complaint to cancel a deed was dismissed with prejudice by the trial court for failure to state a cause of action. We reverse.
After setting forth the events leading up to the execution of the deed in question, the complaint alleged that at the time appellant executed the deed he was emotionally distressed, that the conveyance was without consideration, that delivery and recordation of the deed were contrary to his direction and without his consent, and that he thought he was executing a will rather than a deed.
The order dismissing appellant’s complaint is REVERSED and the case REMANDED for further proceedings consistent herewith.