LEWIS MARINE SUPPLY, INC. v. BLUE HURT

No. 77-2313.

357 So.2d 252 (1978)

LEWIS MARINE SUPPLY, INC., James R. Lewis and Alice O. Lewis, Appellants, v. Jacquelee BLUE HURT, Individually and As Personal Representative of the Estate of Luther G. Blue, Deceased, Lurene W. Blue, and Margaret Blue Howell, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 28, 1978.


Attorney(s) appearing for the Case

Edwin D. McDonald, Fort Lauderdale, for appellants.

Byrd V. Duke, Jr. and Robert C. Birmelin, North Miami, for appellees.


PER CURIAM.

The appellants' complaint to enforce a contract for the redemption of stock was dismissed on the grounds that it contained no allegation of compliance with the probate claims statute, Section 733.702(1), Florida Statutes (1975). We do not believe such an allegation was necessary for the complaint to state a cause of action. Stern v. First National Bank of South Miami, 275 So.2d 58 (Fla. 3d DCA 1973). Moreover...

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