WATTS v. SMITH

No. 2217.

133 So.2d 569 (1961)

Omah WATTS, nee Devaul, and Donald Everett Watts, her husband, Appellants, v. Elaine SMITH, Appellee.

District Court of Appeal of Florida. Second District.

October 13, 1961.


Attorney(s) appearing for the Case

Hornsby & Newman, Orlando, for appellants.

Fowler, White, Gillen, Humkey & Trenam, Tampa, and Boswell & Lane, Bartow, for appellee.


PER CURIAM.

The defendant moved to dismiss the second amended complaint of the plaintiffs on the ground, among other things, that the facts alleged in such complaint and each count of it were insufficient to preclude the operation of section 320.59, Florida Statutes, 1959, F.S.A., commonly known as the guest statute. This motion was granted; plaintiffs declined to amend the complaint further, and as a consequence final judgment was entered. The appeal then ensued...

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