Florida District Courts of Appeal, 1977

Eubanks v. Stocks

Eubanks v. Stocks
Florida District Courts of Appeal · Decided April 1, 1977 · Boyer, Ervin, Rawls
343 So. 2d 1352; 1977 Fla. App. LEXIS 15580 (Southern Reporter, Second Series)

Eubanks v. Stocks

Opinion of the Court

PER CURIAM.

Appellants, who were plaintiffs in the trial court, appeal an order dismissing Counts I and II of their amended complaint for failure to state a cause of action. Our review reveals that the dismissed counts fail to allege recoverable damages. Further, even were recoverable damages alleged, the trial judge was eminently correct in determining that no cause of action was stated. (Please see Turvey v. Kulazenka, 341 So.2d 551 (Fla. 1st DCA 1977), wherein is cited Beagle v. Bagwell, 169 So.2d 43 (Fla. 1st DCA 1964).

AFFIRMED.

BOYER, C. J., and RAWLS and ERVIN, JJ., concur.

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