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KELLER v. EAGLE ARMY-NAVY DEPARTMENT STORES, INC.

No. 71-241.

256 So.2d 248 (1971)

Bethany Ann KELLER, by and through Her Natural Parent and Next Friend, Virginia F. Compton, and Virginia F. Compton, Appellants, v. EAGLE ARMY-NAVY DEPARTMENT STORES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

As Clarified January 18, 1972.

Attorney(s) appearing for the Case

Larry A. Klein and J. Luther Drew, West Palm Beach, for appellants.

Lake Lytal, Jr., of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court judgment which dismissed what was in fact the fourth complaint filed by the plaintiff. While we agree that the complaint was inartful, far from being a model, and certainly borderline as to legal sufficiency, we feel from our review of the cases and criteria contained therein1 that the complaint was at least adequate at this stage to state a cause of action in breach of warranty. The action was brought...

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