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HEDDEN v. W.L. COBB CONSTRUCTION COMPANY

No. 71-84.

253 So.2d 258 (1971)

Jeff A. HEDDEN, Trustee, Appellant, v. W.L. COBB CONSTRUCTION COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

October 15, 1971.

Attorney(s) appearing for the Case

David W. Rynders, of Wightman, Rowe, Weidemeyer, Federico, Clearwater, for appellant.

Charles E.H. Beck, of Di Vito & Beck, St. Petersburg, for appellee.

MANN, Judge.

This case, like Port Carlos Trailer Park, Inc. v. Warren Brothers Co., Fla.App. 1970, 240 So.2d 165, involves an effort to terminate an improvidently brought action to impress an equitable lien. Here the motion was for judgment on the pleadings, in Port Carlos, to dismiss. In both it is obvious that the same cause should continue, after appropriate amendment of pleadings, as an action for damages. For the reasons...

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