Eyrie Land Co. v. Moncrief

Florida District Courts of Appeal
Eyrie Land Co. v. Moncrief, 610 So. 2d 547 (1992)
1992 Fla. App. LEXIS 12236; 1992 WL 355047
Cobb, Diamantis, Peterson

Eyrie Land Co. v. Moncrief

Opinion of the Court

COBB, Judge.

As to Count I of appellants’ first amended complaint, we affirm the trial court’s dismissal with prejudice. As to Count II, it appears that appellants have a potential cause of action for replevin but not for civil theft. Therefore, we reverse and remand to the trial court to allow appellants a reasonable time in which to amend their complaint to state a cause of action for replevin if they wish to seek that relief.

AFFIRMED in part, REVERSED in part, and remanded with directions.

PETERSON and DIAMANTIS, JJ., concur.

Reference

Full Case Name
EYRIE LAND COMPANY, etc. v. S. Kirby MONCRIEF
Cited By
1 case
Status
Published