We believe the second amended complaint of the appellant stated a cause of action and should not have been dismissed. See Snead Construction Corp. v. Parkway East, Inc., 324 So.2d 206 (Fla.3d DCA 1975). Accordingly, the order of dismissal entered by the trial court is reversed.
*529ANSTEAD and DAUKSCH, JJ., concur. CROSS, J., dissents without opinion.