Legal Opinion

Eden v. Eden ex rel. Russo

District Court of Appeal of Florida

Decided June 8, 1961No. 60-539Published

1Opinion of the Court

LOPEZ, AQUILINO, Jr., Associate Judge.

This is an interlocutory appeal from an order (1) denying the appellant’s motion to dismiss an annulment suit; (2) granting in part a motion to strike portions of the appellant’s answer; and (3) granting a temporary restraining order. The appellant, James LeRoy Eden, was the defendant below, and the appellee, Katherine Maude Jennings Eden, by her next friend, 'Edmund P. Russo, was the plaintiff below.

The defendant’s motion to dismiss was based upon allegations that the complaint failed to state a cause of action; that the next friend was not authorized or…

2Cases cited2 opinions

  1. Scott v. ScottSupreme Court of Florida · 1950
  2. Wood v. Jean Jones BeardDistrict Court of Appeal of Florida · 1958

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