Hawkins v. Shore Acres Properties

• Decision Date: 31 March 1927
• Citation: 93 Fla. 670,112 So. 61
• Parties: HAWKINS v. SHORE ACRES PROPERTIES.
• Court: Florida Supreme Court

112 So. 61

93 Fla. 670

HAWKINS v. SHORE ACRES PROPERTIES.

Florida Supreme Court, Division B.

March 31, 1927

Error to Circuit Court, Pinellas County; Freeman P. Lane, Judge.

Action by Cora Hawkins, a widow, against the Shore Acres Properties, to recover for a wrongful death. Judgment for defendant on demurrer to the declaration, and plaintiff brings error.

Reversed.

Syllabus by the Court

SYLLABUS

Demurrer to declaration, not wholly failing to state cause of action, should not be sustained. Where a declaration does not wholly fail to state a cause of action, a demurrer thereto should not be sustained.

COUNSEL

Bird & Jones, of Clearwater, for plaintiff in error.

Geo. W. Wylie and Maddox & Maddox, all of St. Petersburg, for defendant in error.

OPINION

PER CURIAM.

This writ of error was taken to a judgment for the defendant upon demurrer to a declaration alleging a wrongful death caused by the negligence of defendant.

The declaration does not wholly fail to state a cause of action. The demurrer thereto was therefore erroneously sustained.

The judgment is reversed on the authority of Foster v. St. Johns Electric Co., 86 Fla. 338, 98 So. 75; Peterson v. Daniels Co., 83 Fla. 29, 90 So. 621; Wertz v. Tampa Electric Co., 78 Fla. 405, 83 So. 270; McDonald v. Exchange Supply Co., 88 Fla. 80, 101 So. 28; Yon v. Pinellas Power Co., 112 So. 50, filed at this term.

Reversed.

WHITFIELD, P.J., and TERRELL and BUFORD, JJ., concur.

ELLIS, C.J., and STRUM and BROWN, JJ., concur in the opinion.