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Eubanks v. Stocks

District Court of Appeal of Florida, First District
Apr 1, 1977
343 So. 2d 1352 (Fla. Dist. Ct. App. 1977)

Opinion

No. CC-129.

April 1, 1977.

Appeal from Circuit Court, Leon County; Ben C. Willis, Judge.

Davisson F. Dunlap, Jr., Pennington, Wilkinson Sauls, Tallahassee, for appellants.

Sam Spector and Kenneth R. Hart, Brown, Pelham, McDonnell Hart, Tallahassee, for appellees.


Appellants, who were plaintiffs in the trial court, appeal an order dismissing Counts I and II of their amended complaint for failure to state a cause of action. Our review reveals that the dismissed counts fail to allege recoverable damages. Further, even were recoverable damages alleged, the trial judge was eminently correct in determining that no cause of action was stated. (Please see Turvey v. Kulazenka, 341 So.2d 551 (Fla. 1st DCA 1977), wherein is cited Beagle v. Bagwell, 169 So.2d 43 (Fla. 1st DCA 1964).

AFFIRMED.

BOYER, C.J., and RAWLS and ERVIN, JJ., concur.


Summaries of

Eubanks v. Stocks

District Court of Appeal of Florida, First District
Apr 1, 1977
343 So. 2d 1352 (Fla. Dist. Ct. App. 1977)
Case details for

Eubanks v. Stocks

Case Details

Full title:KAY W. EUBANKS, INDIVIDUALLY, AND EUBANKS REALTY, INC., A FLORIDA…

Court:District Court of Appeal of Florida, First District

Date published: Apr 1, 1977

Citations

343 So. 2d 1352 (Fla. Dist. Ct. App. 1977)