Calhoun v. Epstein

WILLIS, BEN C., Associate Judge.

The chancellor denied appellant-defendants’ motion to dismiss the appellee-plaintiff’s complaint, and an interlocutory appeal has been taken to this court. The sole question which was before the trial court and is now before this court is whether or not the complaint set forth a claim upon which relief may be granted. The suit is brought as an election contest pursuant to section 99.192, Florida Statutes, F.S.A.

The complaint sets forth substantially the following facts and allegations:(1) Plaintiff Epstein and defendant Calhoun were candidates for the office of…