CHERRY v. PIRRELLO

No. 75-81.

324 So.2d 158 (1975)

Eugene S.V. CHERRY and Katherine M. Cherry, His Wife, Appellants, v. James R. PIRRELLO et al., Appellees.

District Court of Appeal of Florida, Third District.

December 16, 1975.


Attorney(s) appearing for the Case

Samuel Sheradsky, Miami, for appellants.

Jeffrey M. Mart, Miami, for appellees.

Before PEARSON, HENDRY and NATHAN, JJ.


PEARSON, Judge.

The plaintiff, in his second amended complaint sought a declaration as to the ownership of a strip of land. He alleged that, as to the question of ownership, a dispute existed between himself and the defendant. A second count claimed conversion of soil piled by plaintiff upon the disputed property. The complaint was dismissed upon the motion of the defendant. The basis for the trial judge's decision that the complaint did not state a cause of action...

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