Central & Southern Florida Flood Control District v. Tosohatchee Game Preserve, Inc.

This is an appeal from an order of dismissal of a second amended petition in condemnation. Appellant, who was the plaintiff below, is the Central and Southern Florida Flood Control District, and the defendant, in whose favor the order was entered, is the Tosohatchee Game Preserve, Incorporated.

The motions filed by defendant urged the trial court to strike and dismiss the petition for condemnation and, although setting forth numerous grounds in support thereof, were founded primarily upon the failure of such petition to state a cause of action for condemnation. The primary question on appeal…