Eyrie Land Co. v. Moncrief

District Court of Appeal of Florida

Eyrie Land Co. v. Moncrief

610 So. 2d 547, 1992 Fla. App. LEXIS 12236, 1992 WL 355047

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1992

DocketNo. 92-472

StatusPublished

Cited by1 cases

This text of 610 So. 2d 547 (Eyrie Land Co. v. Moncrief) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eyrie Land Co. v. Moncrief, 610 So. 2d 547, 1992 Fla. App. LEXIS 12236, 1992 WL 355047 (Fla. Ct. App. 1992).

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Opinion

COBB, Judge.

As to Count I of appellants’ first amended complaint, we affirm the trial court’s dismissal with prejudice. As to Count II, it appears that appellants have a potential cause of action for replevin but not for civil theft. Therefore, we reverse and remand to the trial court to allow appellants a reasonable time in which to amend their complaint to state a cause of action for replevin if they wish to seek that relief.

AFFIRMED in part, REVERSED in part, and remanded with directions.

PETERSON and DIAMANTIS, JJ., concur.

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COBB, Judge.

As to Count I of appellants’ first amended complaint, we affirm the trial court’s dismissal with prejudice. As to Count II, it appears that appellants have a potential cause of action for replevin but not for civil theft. Therefore, we reverse and remand to the trial court to allow appellants a reasonable time in which to amend their complaint to state a cause of action for replevin if they wish to seek that relief.

AFFIRMED in part, REVERSED in part, and remanded with directions.

PETERSON and DIAMANTIS, JJ., concur.

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610 So. 2d 547, 1992 Fla. App. LEXIS 12236, 1992 WL 355047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eyrie-land-co-v-moncrief-fladistctapp-1992.

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