NATIONAL ACCEPTANCE CO. OF AMERICA v. WALLACE

No. I-458.

210 So.2d 455 (1968)

NATIONAL ACCEPTANCE COMPANY OF AMERICA, a Corporation, Appellant, v. James D. WALLACE, Lenell V. Wallace and Ruby Faye Ward, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied June 7, 1968.


Attorney(s) appearing for the Case

Wilmer H. Mitchell, of Holsberry, Emmanuel, Sheppard & Mitchell, Pensacola, for appellant.

Charles C. Sherrill, of Shell, Fleming & Davis, and Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, for appellees.


JOHNSON, Judge.

This is an appeal from a final decree dismissing the amended complaint of the appellant, plaintiff below, after a motion to dismiss had been granted with leave to amend and no amendment filed pursuant thereto.

The complaint, as amended, alleged that the plaintiff was a creditor, as the term "creditor" is commonly understood and used in Florida Statutes § 726.01, F.S.A. and that was such a creditor of the appellees herein, defendants below...

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