Hedden v. W. L. Cobb Construction Co.

District Court of Appeal of Florida

Hedden v. W. L. Cobb Construction Co.

253 So. 2d 258

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1971

DocketNo. 71-84

StatusPublished

This text of 253 So. 2d 258 (Hedden v. W. L. Cobb Construction Co.) 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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Hedden v. W. L. Cobb Construction Co., 253 So. 2d 258 (Fla. Ct. App. 1971).

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Opinion

MANN, Judge.

This case, like Port Carlos Trailer Park, Inc. v. Warren Brothers Co., Fla.App.1970, 240 So.2d 165, involves an effort to terminate an improvidently brought action to impress an equitable lien. Here the motion was for judgment on the pleadings, in Port Carlos, to dismiss. In both it is obvious that the same cause should continue, after appropriate amendment of pleadings, as an action for damages. For the reasons therein stated, without determining issues more appropriate to appeal after final judgment, the order from which this interlocutory appeal is taken is

Affirmed.

PIERCE, C. J., and HOBSON, J., concur.

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MANN, Judge.

This case, like Port Carlos Trailer Park, Inc. v. Warren Brothers Co., Fla.App.1970, 240 So.2d 165, involves an effort to terminate an improvidently brought action to impress an equitable lien. Here the motion was for judgment on the pleadings, in Port Carlos, to dismiss. In both it is obvious that the same cause should continue, after appropriate amendment of pleadings, as an action for damages. For the reasons therein stated, without determining issues more appropriate to appeal after final judgment, the order from which this interlocutory appeal is taken is

Affirmed.

PIERCE, C. J., and HOBSON, J., concur.

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253 So. 2d 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedden-v-w-l-cobb-construction-co-fladistctapp-1971.

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