
    SOUKUP DESIGN HOMES, INC., Appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, a foreign corporation, and John M. Starling, Appellees.
    Nos. 92-2935, 93-0148.
    District Court of Appeal of Florida, Fourth District.
    Dec. 15, 1993.
    Rehearing and Rehearing En Banc Denied Jan. 20, 1994.
    Joseph D. Farish, Jr. of Farish, Farish & Romani, West Palm Beach, for appellant.
    Alfred A. Lasorte, Jr. and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, for appellee/Commonwealth Land Title Ins. Co.
    Jennifer S. Carroll of Metzger, Sonneborn & Rutter, P.A., West Palm Beach, for appel-lee/John M. Starling.
   PER CURIAM.

AFFIRMED.

ANSTEAD and STONE, JJ., concur.

POLEN, J., concurs in part and dissents in part with opinion.

POLEN, Judge,

concurring in part and dissenting in part.

I agree with the majority’s affirmance on all but one issue: I would reverse that part of the trial court’s order granting a dismissal with prejudice of count II (Fraud) of appellant’s second amended complaint against ap-pellee Starling. I believe that the allegations of that count, which must be taken as true for purposes of a motion to dismiss, state a cause of action which cannot be resolved on such a motion.  