Townsend v. Asset Acceptance Corp.

District Court of Appeal of Florida

Townsend v. Asset Acceptance Corp.

899 So. 2d 507, 2005 Fla. App. LEXIS 5561, 2005 WL 924303

District Court of Appeal of Florida·Decided April 22, 2005·No. No. 2D04-4613·Published

Opinion

CANADY, Judge.

Kimberly Joyce Townsend seeks certio-rari review of a circuit court order entered in the court’s appellate capacity. We deny the petition for writ of certiorari because the circuit court properly concluded that Townsend sufficiently pleaded a cause of action to withstand a motion to dismiss her complaint filed in the small claims court. We decline to express an opinion as to the portion of the circuit court’s opinion regarding emotional damages because that issue was not properly before the circuit court on appeal.

Denied.

FULMER and WHATLEY, JJ., Concur.

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CANADY, Judge.

Kimberly Joyce Townsend seeks certio-rari review of a circuit court order entered in the court’s appellate capacity. We deny the petition for writ of certiorari because the circuit court properly concluded that Townsend sufficiently pleaded a cause of action to withstand a motion to dismiss her complaint filed in the small claims court. We decline to express an opinion as to the portion of the circuit court’s opinion regarding emotional damages because that issue was not properly before the circuit court on appeal.

Denied.

FULMER and WHATLEY, JJ., Concur.

Townsend v. Asset Acceptance Corp., 899 So. 2d 507, 2005 Fla. App. LEXIS 5561, 2005 WL 924303 (Fla. Ct. App. 2005).

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