Supreme Court of Florida, 1971

Andrews v. City of Lake Butler

Andrews v. City of Lake Butler
Supreme Court of Florida · Decided September 22, 1971 · Dekle
252 So. 2d 569; 1971 Fla. LEXIS 3400 (Southern Reporter, Second Series)

Andrews v. City of Lake Butler

Dissenting Opinion

DEKLE, Justice

(dissenting):

The real issue before us is the sufficiency of the complaint to withstand the motion *570to dismiss, which was granted below on a count in conversion. In my view the complaint was good on its face and any further disposition would go to the merits to be determined later. I would accordingly grant the writ of certiorari and allow the count in conversion to stand for disposition on the merits. For these reasons I respectfully dissent.

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