CENTRAL & SOUTHERN FLORIDA FLOOD CON. DIST. v. SCOTT

No. 4249.

169 So.2d 368 (1964)

CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, State Road Department, and George Hunter, Julian Hudson, Mack Jones, Fred Huber, and Herman Hastings, as County Commissioners of Lee County, Florida, Appellants, v. Ann L. SCOTT et al., Appellees.

District Court of Appeal of Florida. Second District.

December 4, 1964.


Attorney(s) appearing for the Case

Thomas J. Schwartz, West Palm Beach, for appellant, Central and Southern Florida Flood Control District.

Frank A. Pavese, of Pavese & Waldorf, Fort Myers, for appellant, Lee County.

P.A. Pacyna, Tallahassee, for appellant, State Road Dept.

Robert J. Boylston, of Goodrich, Hampton & Boylston, Bradenton, for appellees.


SMITH, Chief Judge.

The appellants, defendants in the trial court, take this interlocutory appeal from an order entered in chancery denying their motions to dismiss the plaintiff-appellees' third amended complaint. The question on appeal is: Does the complaint state a cause of action? We answer the question in the negative and reverse.

Plaintiffs' third amended complaint alleges that the plaintiffs and the class they represent constitute all of the residents...

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