HOUSTON CORPORATION v. HOFMANN

No. 63-432.

161 So.2d 243 (1964)

The HOUSTON CORPORATION, a corporation organized and existing under the laws of the State of Florida, Appellant, v. William T. HOFMANN, d/b/a Bill Hofmann's Nursery & Garden Supply, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 18, 1964.


Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellants.

Harry W. Prebish, William E. Moschell, Fowler, White, Gillen, Humkey & Trenam and Richard S. Banick, Miami, for appellee.

Before BARKDULL, C.J., and HORTON and HENDRY, JJ.


HENDRY, Judge.

Defendant appeals from a judgment in favor of the plaintiff awarded by the Circuit Court for Dade County after trial by jury. Appellant's principle points on appeal are directed to certain rulings and orders made by the trial judge prior to the trial of the cause on the merits.

Appellant's motion to dismiss appellee's complaint, for failure to state a cause of action, was granted with ten days leave to amend. Thereafter, counsel for both parties...

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