Hutchison v. Tompkins

Upon defendant’s motion the trial court dismissed Count I of plaintiff’s Amended Complaint because of its failure to state a cause of action. The case of Pembroke v. *183Caudill, 1948, 160 Fla. 948, 37 So.2d 5381 was cited as the basis for the dismissal and judgment was entered thereupon for the defendants. A majority of this Court has approved this manner of disposition.

The simple issue then and now is: “Does Count I of the Amended Complaint state a cause of action?” Being satisfied beyond all doubt that it was legally sufficient, I must dissent and say that I would reverse the trial court…