Central & Southern Florida Flood Control District v. Scott

SMITH, Chief Judge.

The appellants, defendants in the trial court, take this interlocutory appeal from an order entered in chancery denying their motions to dismiss the plaintiff-appellees’ third amended complaint. The question on appeal is: Does the complaint state a cause of action? We answer the question in the negative and reverse.

Plaintiffs’ third amended complaint alleges that the plaintiffs and the class they represent constitute all of the residents of the unincorporated town of Olga which is located on both sides of the Caloosahatchee River in Lee County; that until its recent removal…