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WILKERSON v. GIBBS

No. VV-463.

405 So.2d 1053 (1981)

Naomi WILKERSON and Carroll C. Hughes, Appellants, v. Ronald J. GIBBS, Personal Representative of the Estate of E.J. Gibbs, Sr. and Gibbs Sanitation Service, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

November 17, 1981.

Attorney(s) appearing for the Case

Ronald W. Ritchie of Reeves, King & Ritchie, Pensacola, for appellants.

Phillip A. Bates of Emmanuel, Sheppard & Condon, and Fletcher Fleming of Shell, Fleming, Davis & Menge, Pensacola, for appellees.

ERVIN, Judge.

Wilkerson and Hughes bring this appeal from an order of the trial court barring their present cause of action in trespass for mesne profits, filed after a judgment entered in a former action for ejectment in which they had prevailed. We agree with the lower court that the former common law action for mesne profits has now merged with the statutory action of ejectment, thus precluding a separate cause directed...

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