Smyler v. Katzen

Plaintiff-appellant appeals from an order granting defendants’ motion to dismiss appellant’s amended complaint with prejudice. The dismissal was based on the grounds that (1) plaintiff failed to allege in the amended complaint that he delivered to defendants, at least five days prior to filing of the cause, an affidavit of indebtedness or lack thereof pursuant to Fla.Stat, § 713.06(3) (d) (1), F.S.A., and (2) the sum of plaintiff’s claim ($880) as set out in count II was not of sufficient sum to come within the jurisdiction of the circuit court.

In August 1972 plaintiff-appellant filed an…