KIRKLAND v. JOHNSON

No. BM-11.

499 So.2d 899 (1986)

Robert KIRKLAND, Appellant, v. David Aaron JOHNSON, Vernon A. O'Quinn, Oliver Cummings Pickett, Sr., Kathleen Pickett, Oliver Cummings Pickett, Jr., and Donna Pickett, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 26, 1987.


Attorney(s) appearing for the Case

James T. Terrell and Evan J. Yegelwel, of Brown, Terrell, Hogan & Ellis, Jacksonville, for appellant.

S. Grier Wells, of Brant, Moore, Sapp, MacDonald & Wells, Jacksonville, for appellees Oliver Cummings Pickett, Sr. and Kathleen Pickett.

Charles M. Johnston, of Taylor, Day, Rio & Mercier, Jacksonville, for appellees Oliver Cummings Pickett, Jr. and Donna Pickett.


WENTWORTH, Judge.

Appellant seeks review of an order by which his complaint was dismissed for failure to state a cause of action. Appellant contends that the court erred in its construction of section 768.125, Florida Statutes. In dismissing appellant's complaint the court below relied upon the Fourth District's decision in Bankston v. Brennan, 480 So.2d 246 (Fla. 4th DCA 1985), pending on certification, Fla. Supreme...

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