511 United States District Court, S. D. Florida. Jan. 19, 1978. The court, having considered the record and being fully advised in the premises, finds and concludes that the motion to dismiss should be granted due to plaintiff's failure to state a cause of action.
Defendant challenges the sufficiency of the complaint upon two grounds.
First, defendant asserts that this court does not have jurisdiction over this matter on the basis of F.S. s 607.354, a door closing statute. This contention as to jurisdiction served as the foundation for this court's prior order dismissing the case on October 5, 1977. Second, defendant contends that the complaint does not state a cause of action. On or about April 8, plaintiff's bank received that sight draft, accompanied by a partially executed bill of sale. The offer was to expire, by its own terms, on April 11, 1977.