
    E. B. ANDREWS, Petitioner, v. CITY OF LAKE BUTLER, a municipal corporation, Respondent.
    No. 40546.
    Supreme Court of Florida.
    Sept. 22, 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.  