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TRIPP v. WILSON

No. 72-68.

270 So.2d 440 (1972)

William TRIPP, Appellant, v. Earl WILSON, Sr., As Executor, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 10, 1973.

Attorney(s) appearing for the Case

James R. Cunningham and Roe H. Wilkins of Maguire, Voorhis & Wells, Orlando, for appellant.

William L. Eagan of Arnold, Matheny & Eagan, Orlando, for Appellee-Wilson, Sr., individually and executor.

Monroe E. McDonald and John Singer McEwan II of Sanders, McEwan, Mims & McDonald, Orlando, for Appellees-Pemberty, Hannis and Rinkard.

PER CURIAM.

Affirmed.

CROSS and MAGER, JJ., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge (dissenting).

I dissent because of my conviction that appellant's complaint stated a cause of action. The well pleaded allegations should be taken as true when considering a motion to dismiss — and if this were done — appellant would be entitled to the relief for which he prayed...

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