DUNSCOMBE v. COUTANT

No. 71-1016.

267 So.2d 681 (1972)

Janet K. DUNSCOMBE, Appellant, v. Dorothy COUTANT, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 8, 1972.


Attorney(s) appearing for the Case

Carroll Dunscombe, Stuart, for appellant.

W.R. Scott, of Scott, Tilton & Frasier, Stuart, for appellee.


OWEN, Judge.

Appellant suffered an adverse summary judgment in her action for declaratory relief. We conclude that such disposition of the case was improper and reverse for further proceedings.

In December, 1970, appellant filed an original complaint which was dismissed for failure to state a cause of action, with leave granted plaintiff to amend. The amended complaint met the same fate. The second amended complaint was met by defendant's motion to strike...

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