IN RE PETITION OF BROWARD COUNTY

Fla. 4th DCA | 1983-05-04
No. 82-1219
DOWNEY, DELL and WALDEN, JJ., concur.
430 So. 2d 607 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We treat this matter as a petition for certiorari since the order from which this appeal is taken does not constitute a final order appealable pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A) nor a non-final order appealable pursuant to Rule 9.030(b)(1)(B). We find that the trial court did not depart from the essential requirements of law and accordingly we deny certiorari.

Certiorari denied.

DOWNEY, DELL and WALDEN, JJ., concur.


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  • Bryan v. State, 438 So. 2d 415 (Fla. 1st DCA 1983)
    …must be taken as true and all reasonable inferences supportive of plaintiff’s case should be assumed. Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So. 2d 881, 883 (Fla.1972); Florida Coast Bank of Broward County v. Monarch Dodge, Inc., 430 So. 2d 607, 609 (Fla. 4th DCA 1983); and East Caribbean Development & Investment Corp. v. K-K Auto Service, Inc., 435 So. 2d 364 (Fla. 4th DCA 1983). The decedent was an 18-year-old student at F.S.U. where he had been residing in Smith Hall, a campus dormitor…
  • Gen. Elec. Credit Corp. v. AIR Flow Indus., Inc., 432 So. 2d 607 (Fla. 3d DCA 1983)
    …(1981) (Article 2 inapplicable); Sec. 673.104, Fla.Stat. (1981) (Article 3 inapplicable); Rucker v. State Exchange Bank, 355 So. 2d 171 (Fla. 1st DCA 1970) (Article 9 inapplicable). . See Florida Coast Bank of Broward County v. Monarch Dodge, Inc., 430 So. 2d 607 (Fla. 4th DCA 1983). . We are unaware of any principle under which such a claim, which amounts to one of contributory negligence, can serve as a defense to a breach of contract action like this. . The controlling provision of the agreement states:…
  • …intiffs’ attempt to obtain leave to file a fourth amended complaint. We reverse the order dismissing the third amended complaint and remand for further proceedings. As we recently said in Florida Coast Bank of Broward County v. Monarch Dodge, Inc., 430 So. 2d 607, 609 (Fla. 4th DCA 1983): The governing principle is contained in Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So. 2d 881, 883 (Fla.1972): For the purposes of the motion to dismiss for failure to state a cause of action, allegations o…

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