Florida District Courts of Appeal, 1992

Eyrie Land Co. v. Moncrief

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)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.