Legal Opinion

Hagen v. Florida Drug, Inc.

District Court of Appeal of Florida

Decided August 12, 1981No. 78-2735PublishedCited by 5 opinions

1Opinion of the Court

HURLEY, Judge.

Plaintiff/appellant brings this appeal from the dismissal with prejudice of his third amended complaint. We affirm in part and reverse in part.

Count one was aimed at the defendant Remala Drug Corporation and alleged a breach of a lease agreement. Since Remala neither moved to dismiss nor filed a responsive pleading, the court erred in dismissing count one.

Count two was directed against defendant/appellee Florida Drug, Inc. Therein, plaintiff alleged the existence of a statu*58tory landlord’s lien and prayed for its enforcement against the proceeds of a subsequent lien which had…

2Cases cited3 opinions

  1. Rinker Materials Corp. v. PALMER FIRST NAT. BANK & TRUST CO.Supreme Court of Florida · 1978
  2. Parkway General Hospital v. Allstate Ins. Co.District Court of Appeal of Florida · 1981
  3. Armetta v. Clevetrust Realty InvestorsDistrict Court of Appeal of Florida · 1980

3Cited by5 opinions

  1. Gould v. National Bank of FloridaDistrict Court of Appeal of Florida · 1982
  2. Hobco, Inc. v. Tallahassee AssociatesCourt of Appeals for the Eleventh Circuit · 1987
  3. Alexis v. Florida Insurance Guaranty Ass'nDistrict Court of Appeal of Florida · 2011
  4. Alexis v. FLORIDA INS. GUAR. ASS'NDistrict Court of Appeal of Florida · 2011
  5. Joseph v. Norman Laporte Realty, Inc.District Court of Appeal of Florida · 1986

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