Opinion
Nos. 75-2141 and 76-108.
October 15, 1976.
Consolidated interlocutory appeals from Circuit Court, Orange County; William C. Gridley, Judge.
Patricia C. Fawsett and George T. Eidson, Jr., Akerman, Senterfitt, Eidson Wharton, Orlando, for appellant.
Charles J. Collins, Jr., Steed Collins, Orlando, for appellee-Master Door Co. of Orlando, Inc.
We consolidate for the purpose of review and disposition interlocutory appeals cases 75-2141 and 76-108.
Upon review of the record on appeal and briefs of the respective parties, we determine that the trial court erred in failing to grant appellant-defendant's motion to dismiss appellee-plaintiff's second amended complaint for it fails to state a cause of action sufficient to establish an equitable lien, or for the equity remedy of reformation. Accordingly, the order appealed in Case No. 75-2141 is reversed and the cause is remanded to the trial court with directions to dismiss appellee-plaintiff's second amended complaint with prejudice. Case No. 76-108 is dismissed as rendered moot by the disposition of Case No. 75-2141.
Reversed and remanded, with directions.
MAGER, C.J., and CROSS and DOWNEY, JJ., concur.