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Liddon v. Hodnett

Citations

  • 22 Fla. 271

Syllabus

<p>1. The improper joinder of two causes of action in a complaint under the forcible entry and detainer act is not ground for a motion to dismiss the action, but should be reached by motion requiring the plaintiff to amend his complaint by striking out one or the other of such causes of action.</p> <p>2. Surplusage of allegation not amounting to a statement of a distinct cause of action, does not constitute duplicity.</p> <p>3. A proceeding to recover against a “ forcible entry ” and one to recover against an “unlawful detainer” cannot be joined in one complaint under the forcible entry and detainer statute.</p>

Judges: Raney

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