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HUTCHISON v. TOMPKINS

No. 40482.

259 So.2d 129 (1972)

H.D. HUTCHISON and Elizabeth L. Hutchison, His Wife, Petitioners, v. C.E. TOMPKINS and Douglas Mac Tompkins, Respondents.

Supreme Court of Florida.

Rehearing Denied April 5, 1972.

Attorney(s) appearing for the Case

David C. Holloman, Arcadia, and Irving Nathanson, Cocoa, for petitioners.

Robert Dyer, of Van Den Berg, Gay, Burke & Dyer, Orlando, for respondents.

McCAIN, Justice.

On this petition for writ of certiorari we are concerned with the sufficiency of petitioners' first amended complaint to state a cause of action. The trial court determined that the complaint was deficient and dismissed the cause. The District Court of Appeal, Fourth District, in an opinion rendered on September 14, 1970, and reported at 240 So.2d 180, agreed with the trial judge and affirmed the dismissal. We disagree...

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