Florida District Courts of Appeal, 1992

Eyrie Land Co. v. Moncrief

Florida District Courts of Appeal · Decided December 4, 1992 · Cobb, Diamantis, Peterson

610 So. 2d 547; 1992 Fla. App. LEXIS 12236; 1992 WL 355047 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gregory v. Indian River County (Fla. Dist. Ct. App. 1992)

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

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.

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