Andrews v. City of Lake Butler , 252 So. 2d 569 ( 1971 )

DEKLE, Justice

(dissenting):

The real issue before us is the sufficiency of the complaint to withstand the motion to dismiss, which was granted below on a count in conversion. In my view the complaint was good on its face and any further disposition would go to the merits to be determined later. I would accordingly grant the writ of certiorari and allow the count in conversion to stand for disposition on the merits. For these reasons I respectfully dissent.