Florida District Courts of Appeal, 1978

Lewis Marine Supply, Inc. v. Blue Hurt

Florida District Courts of Appeal · Decided April 10, 1978 · Alderman, Anstead, Downey

357 So. 2d 252; 1978 Fla. App. LEXIS 15399 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hitt v. J. B. Coghill, Inc. (Alaska 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellants’ complaint to enforce a contract for the redemption of stock was dismissed on the grounds that it contained no allegation of compliance with the probate claims statute, Section 733.702(1), Florida Statutes (1975). We do not believe such an allegation was necessary for the complaint to state a cause of action. Stern v. First National Bank of South Miami, 275 So.2d 58 (Fla. 3d DCA 1973). Moreover, it appears that the cause of action set out in the complaint does not come within the purview of Section 733.702(1). Accordingly, the order of dismissal is hereby reversed.

ALDERMAN, C. J., and DOWNEY and ANSTEAD, JJ., concur.

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