Ringsmith v. Squibb

HOBSON, Judge.

This appeal arises out of a suit in equity seeking a mandatory injunction which would require defendant-appellees to move a large dwelling house constructed in a residential zone of the City of Tavares. The plaintiff-appellant appeals from two orders dismissing his second amended complaint; one dated August 4, 1965, and the other dated August 12, 1965. The order of August 4, 1965 dismisses the complaint as to all defendants upon the ground that the complaint and the more definite statement of the plaintiff taken together show affirmatively that the plaintiff had not exhausted…