LEWIS O. NEVELS, APPELLANT,
v.
HOWARD E. WILSON, MONROE COUNTY TAX COLLECTOR, KEY WEST, FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court did not err in dismissing the complaint with prejudice.
Plaintiff sued the tax collector, alleging that the collector's negligent resale of a license tag hindered the plaintiff's ability to identify the tor…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To State A Claim cases and more on FLexlaw
PER CURIAM:
Plaintiff-appellant filed a complaint on March 16, 1967, against Defendant-appellee, Howard E. Wilson, Monroe County Tax Collector, for damages allegedly sustained by appellant in an automobile accident with a third party. In response to defendant’s motion for a more definite statement, plaintiff filed an amended complaint.
Plaintiff’s complaint, as amended, alleged that he sustained damages when an automobile operated by Roderick Mayhew McCall collided with plaintiff’s motor vehicle. It is further alleged that defendant failed to properly fulfill his duty as tax collector by negligently reselling McCall’s license tag after it had been returned to the tax collector under the Florida Refund Statute. Due to this error, plaintiff contends he was hindered in discovering the true identity of the original tort-feasor, McCall.
Defendant-appellee filed a motion to dismiss the amended complaint for failure to state a claim upon which relief can be granted. It appearing that plaintiff did not request leave to amend the amended complaint, the District Court dismissed the complaint with prejudice. The granting of defendant’s motion to dismiss was not error. The complaint, as amended, fails to establish a duty of care owed by the defendant to the plaintiff. In addition, both causation and damages are extremely remote.
A motion to dismiss a complaint should be sustained where plaintiff cannot establish any meritorious claim against the defendant under any theories proposed in his pleading. John Walker & Sons v. Tampa Cigar Company, 197 F. 2d 72 (5 Cir., 1952). Plaintiff fails to establish any meritorious claim in his amended complaint.
The judgment of the District Court is
Affirmed.