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FAIRCLOTH v. HILL

85 So.2d 870 (1956)

Robert G. FAIRCLOTH, as Administrator of the Estate of Carswell B. Faircloth, deceased, Appellant, v. Walter E. HILL and Willey E. Allen, Appellees.

Supreme Court of Florida. Special Division A.

March 7, 1956.

Attorney(s) appearing for the Case

Butt & Abridge, Cocoa, for appellant.

J. Thomas Gurney, Orlando, for Walter E. Hill.

David L. Shannon, New Smyrna Beach, for Willey E. Allen.

THORNAL, Justice.

Appellant Faircloth, who was plaintiff below, seeks reversal of a final judgment entered pursuant to an order sustaining appellee Hill's motion to dismiss the amended complaint as to the said Hill.

The crux of the lawsuit is set forth in the complaint as follows:

"On or about January 1, 1953, at 3:00 A.M. and prior to the time of the collision herein alleged, Carswell B. Faircloth was riding as a guest passenger in the automobile...

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