Lewis Marine Supply, Inc. v. Blue Hurt

District Court of Appeal of Florida

Lewis Marine Supply, Inc. v. Blue Hurt

357 So. 2d 252, 1978 Fla. App. LEXIS 15399

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1978

DocketNo. 77-2313

StatusPublished

Cited by1 cases

This text of 357 So. 2d 252 (Lewis Marine Supply, Inc. v. Blue Hurt) 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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Lewis Marine Supply, Inc. v. Blue Hurt, 357 So. 2d 252, 1978 Fla. App. LEXIS 15399 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

The appellants’ complaint to enforce a contract for the redemption of stock was dismissed on the grounds that it contained no allegation of compliance with the probate claims statute, Section 733.702(1), Florida Statutes (1975). We do not believe such an allegation was necessary for the complaint to state a cause of action. Stern v. First National Bank of South Miami, 275 So.2d 58 (Fla. 3d DCA 1973). Moreover, it appears that the cause of action set out in the complaint does not come within the purview of Section 733.702(1). Accordingly, the order of dismissal is hereby reversed.

ALDERMAN, C. J., and DOWNEY and ANSTEAD, JJ., concur.

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PER CURIAM.

The appellants’ complaint to enforce a contract for the redemption of stock was dismissed on the grounds that it contained no allegation of compliance with the probate claims statute, Section 733.702(1), Florida Statutes (1975). We do not believe such an allegation was necessary for the complaint to state a cause of action. Stern v. First National Bank of South Miami, 275 So.2d 58 (Fla. 3d DCA 1973). Moreover, it appears that the cause of action set out in the complaint does not come within the purview of Section 733.702(1). Accordingly, the order of dismissal is hereby reversed.

ALDERMAN, C. J., and DOWNEY and ANSTEAD, JJ., concur.

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357 So. 2d 252, 1978 Fla. App. LEXIS 15399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-marine-supply-inc-v-blue-hurt-fladistctapp-1978.

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