Cobb v. Santa Rosa County

Plaintiff, Santa Rosa County, filed its complaint in Santa Rosa County praying that defendant Cobb be permanently enjoined from doing any act which would interfere with the public use of a certain public road located in Santa Rosa County.

The service was accomplished on defendant Cobb in Escambia County, and subsequently defendant filed his verified motion to dismiss on the grounds of failure of plaintiff to file an affidavit of good faith as required by F.S. § 46.01, F.S.A.,1 setting out in said motion that his residence was in Escambia County, Florida. The trial court denied the motion to…