Florida District Courts of Appeal, 1960

Metropolitan Mortgage Co. v. Metro-Mortgage Loan Co.

Florida District Courts of Appeal · Decided September 12, 1960 · Archie, Carroll, Chas, Horton, Odom, Piorton

125 So. 2d 892; 1960 Fla. App. LEXIS 2255 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

PIORTON, C. J., and ODOM, ARCHIE M., Associate Judge, concur. *893CARROLL, CHAS., J., dissents.

070rehearing

On Petition for Rehearing Granted.

PER CURIAM.

Upon petition for rehearing granted, and after oral argument, the court recedes from its former judgment of affirmance. After a re-examination of the amended complaint, the briefs, and applicable law, we conclude that the allegations of the amended complaint come within the exception noted in Addison v. Hook, 91 Fla. 337, 107 So. 623. Accordingly, the final judgment entered consequent upon the granting of appellee’s motion to dismiss is reversed and the cause remanded for further proceedings.

Reversed and remanded.

HORTON, C. J., CARROLL, CHAS., J., and ODOM, ARCHIE, M., Associate Judge, concur.

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