BURCH v. BRINKLEY

No. PP-266.

382 So.2d 440 (1980)

Mae BURCH, Appellant, v. Leo A. BRINKLEY, Jr., Appellee.

District Court of Appeal of Florida, First District.

April 17, 1980.


Attorney(s) appearing for the Case

Andrew J. Decker, III of Airth, Sellers & Lewis, Live Oak, for appellant.

S. Austin Peele of Darby, Peele, Page & Bowdoin, Lake City, for appellee.


McCORD, Judge.

Burch appeals from an order dismissing her second amended complaint with prejudice. The order was based upon the grounds that appellant failed to plead facts in the complaint negativing the application of Sections 689.01 and 83.04, Florida Statutes, to allegations in Counts I and II. We reverse.

The trial judge was correct in ruling that § 689.01 controls the validity of the modification of the...

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