FLOYD M. SCHUMACHER ET AL., APPELLANTS,
v.
BLANCHE I. KECK, APPELLEE
FLOYD M. SCHUMACHER ET AL., APPELLANTS,
BLANCHE I. KECK, APPELLEE
143 So. 2d 350
Florida District Court of Appeal, Second District (1962)
Positive Treatment
Cited by 1 case
Opinion of the Court
Motion to dismiss and to strike was directed to the amended complaint in this equity suit. It is from the order denying the motion that this interlocutory appeal has ensued. A phase of the complaint for relief is predicated upon a writing dated August 28, 1954, addressed “To Whom It May Concern” and signed by W. W. Harsh-man, L. E. Keck, and F. M. Schumacher. We do not think that we should on this interlocutory appeal determine whether the writing so identified constitutes a contract. However, we are of the view that the allegations of the amended complaint contain equity sufficient to withstand the motion attacking it.
Affirmed.
KANNER, Acting C. J., and SMITH and WHITE, JJ., concur.
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Belint Papp v. State, 249 So. 2d 82 (Fla. 4th DCA 1971)…te has made no claim or showing of any prejudice resulting from delay in the filing of the transcript; on the contrary, at oral argument, the State affirmatively conceded that it was not prejudiced. See Hazen v. James W. Johnson, Inc., Fla.App.1962, 143 So. 2d 350. Accordingly, certiorari is granted, the trial court’s order of dismissal is quashed and the cause remanded for further proceedings not inconsistent with this opinion. WALDEN, OWEN and MAGER, JJ., concur.…