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Tietig v. Department of Transportation

District Court of Appeal of Florida, Fourth District
Apr 27, 1973
276 So. 2d 97 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-702.

March 28, 1973. Rehearing Denied April 27, 1973.

Appeal from Circuit Court, Osceola County; Murray W. Overstreet, Judge.

Ben J. Weaver, Jr., and Don G. Nicholson of Nicholson, Howard, Brawner Lovett, Miami, for appellant.

David J. Kadyk and Ted R. Manry, III, of MacFarlane, Ferguson, Allison Kelly, Tampa, for appellee-Watson and Co.

Karl V. Hart and Lawrence R. Metsch of Shutts Bowen, Miami, for appellees-Zinke-Smith, Inc. and Reliance Ins. Co.


A review of the recent cases discussing the criteria to be applied in determining the adequacy of the complaint compels us to the conclusion that the complaint in the case sub judice contains sufficient allegations to state a cause of action against the defendants. Fontainebleau Hotel Corp. v. Walters, Fla. 1971, 246 So.2d 563; Iorio v. Layman, Fla.App. 1971, 256 So.2d 26; Bond v. Koscot Interplanetary, Inc., Fla.App. 1971, 246 So.2d 631.

Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings not inconsistent with this opinion.

Reversed and remanded.

CROSS, OWEN and MAGER, JJ., concur.


Summaries of

Tietig v. Department of Transportation

District Court of Appeal of Florida, Fourth District
Apr 27, 1973
276 So. 2d 97 (Fla. Dist. Ct. App. 1973)
Case details for

Tietig v. Department of Transportation

Case Details

Full title:EDWARD C. TIETIG, APPELLANT, v. THE DEPARTMENT OF TRANSPORTATION OF THE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 27, 1973

Citations

276 So. 2d 97 (Fla. Dist. Ct. App. 1973)