WILLIAM EDUARDO JOHNSON AND WIFE, PHYLLIS JOAN JOHNSON, AND W. T. MCCLELLAN AND WIFE, GRACE MCCLELLAN, APPELLANTS,
v.
WEST FLORIDA GAS & FUEL COMPANY, A CORPORATION, AND GEORGE G. TAPPER COMPANY, INC., A FLORIDA CORPORATION, APPELLEES
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This case involves an interlocutory appeal concerning the dismissal of a complaint. The appellate court quashed the lower court's order denying a motion to dismiss, directing the chancellor to allow the plaintiffs to amend their complaints to demonstrate proper notice was given before the lien expired.
The appellate court held that the chancellor erred in denying the motion to dismiss. The court directed the chancellor to grant the plaintiffs the opportunity to amend their complaints to show that the required statutory notice was given before the lien expired.
“On the authority of Moore v. Crum, Fla., 68 So. 2d 379, the order of the chancellor denying the motion of the defendants below... to-dismiss the complaint of plaintiff below... is quashed, with directions that the chancellor grant to said appellees the right to amend their respective complaints so as to show, if possible so to do, that the statement required by F.S.A. Section 84.04(3), F.S., was given prior to the expiration of the lien.”
This quote summarizes the court's decision and the specific action it is taking regarding the lower court's order and the plaintiffs' complaints.
The defendants, appellants in this case, moved to dismiss the complaints filed by the West Florida Gas & Fuel Company and George G. Tapper Company, In…
The full statement of facts, procedural history, and disposition for this case are member content.
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On the authority of Moore v. Crum, Fla., 68 So.2d 379, the order of the chancellor denying the motion of the defendants below, William Eduardo Johnson and wife, *374Phyllis Joan Johnson, and W. T. McClellan and wife, Grace McClellan (the appellants on this interlocutory appeal), to-dismiss the complaint of plaintiff below, West Florida Gas & Fuel Company, and the complaint of the cross-complainant, George G. Tapper Company, Inc., defendant below (the appellees), is quashed, with directions that the chancellor grant to said appellees the right to amend their respective complaints so as to show, if possible so to do, that the statement required by F.S.A. Section 84.04(3), F.S., was given prior to the expiration of the lien.
It is so ordered.
STURGIS, C. J., and CARROLL, DONALD, and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mac Mermell and Peggy Mermell v. McKINLEY, 126 So. 2d 902 (Fla. 2d DCA 1961)…not construe the cases cited by the appellant as contrary to the enunciation of law set forth in Hardee v. Richardson, supra, and Moore v. Crum, supra.” Moore v. Crum, supra, was also cited in Johnson v. West Florida Gas & Fuel Co., Fla.App. 1958, 105 So. 2d 373, as authority for reversing a cause wherein the chancellor had denied defendant’s motion to dismiss plaintiff’s complaints which failed to allege that the sworn statement had been filed. In reversing, the court held that plaintiffs should he granted…
Authorities Cited
- Moore et ux. v. Crum, 68 So. 2d 379 (Fla. 1953)