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LEWIS STATE BANK v. TRAVELERS INS. CO.

No. HH-78.

356 So.2d 1344 (1978)

The LEWIS STATE BANK, a Florida Banking Corporation, Appellant, v. The TRAVELERS INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, First District.

April 5, 1978.

Attorney(s) appearing for the Case

John D. Buchanan, Jr. of Henry, Buchanan, Mick & English, Tallahassee, for appellant.

J. Lewis Hall, Jr. of Hall & Booth, Tallahassee, for appellee.

BOYER, Acting Chief Judge.

By this appeal the Lewis State Bank, plaintiff in the trial court, seeks reversal of an order dismissing its second amended complaint with prejudice.

It is axiomatic that a hearing on a motion to dismiss is not a proper substitute for trial and a plaintiff is not required to prove his cause of action in his complaint. The cause of action need only be alleged. The question of the sufficiency of the evidence which the plaintiff will...

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