ROBERT W. ANDERSON, ET AL., APPELLANTS,
v.
BARRY D. BROWN, ET AL., APPELLEES
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Trial court erred in dismissing complaint for misjoinder of parties; proper remedy is severance, not dismissal.
Dismissal is improper for misjoinder of parties; the correct remedy is severance of claims under Florida Rule of Civil Procedure 1.250(a).
[1] Dismissal of a complaint is improper remedy for misjoinder of parties; severance of claims is the appropriate remedy under Florida Rule of Civil Procedure 1.250(a).
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Appellants filed an amended complaint that included multiple parties as plaintiffs and defendants, and the trial court dismissed the entire complaint …
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BASKIN, Judge.
Appellants seek reversal of the trial court’s order dismissing their amended complaint based on “misjoinder of parties, both plaintiffs and defendants.” We reverse.
Dismissal of a complaint is not the proper remedy for misjoinder of parties. Fla.R. Civ.P. 1.250(a); see Harrell v. Hess Oil & Chemical Corp., 287 So. 2d 291, 294 (Fla.1973); Travelers Express, Inc. v. Acosta, 397 So. 2d 733, 737 (Fla. 3d DCA 1981); Cassidy v. Ice Queen Int’l, Co., 390 So. 2d 465, 466 (Fla. 3d DCA 1980); Carbonell v. American Int’l Pictures, Inc., 313 So. 2d 417 (Fla. 3d DCA 1975); Roberts v. Keystone Trucking, Inc., 259 So. 2d 171, 174 (Fla. 4th DCA 1972); Kennedy & Ely Ins., Inc. v. American Employers’ Ins. Co., 179 So. 2d 248, 249 (Fla. 3d DCA 1965). The appropriate remedy for misjoinder is severance of the claims. Fla.R.Civ.P. 1.250(a); see Travelers Express, 397 So. 2d at 737.1
Reversed and remanded for proceedings consistent with this opinion.
. Appellant’s conspiracy-to-defraud claim fails to allege that appellees acted in concert to accomplish their illegal purpose. See Nicholson v. Kellin, 481 So. 2d 931, 935 (Fla. 5th DCA 1985). Upon remand, appellants should be given an opportunity to amend this count. See Moudy v. Southland Distrib. Co., 452 So. 2d 1045, 1046 (Fla. 2d DCA 1984).
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Citator
Cited By
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Otto B. Kiehl and James H. Smith v. Brown, 546 So. 2d 18 (Fla. 3d DCA 1989)…PER CURIAM. After the reversal of the dismissal of the amended complaint which was ordered in Anderson v. Brown, 524 So. 2d 457 (Fla. 3d DCA 1988), review denied, 531 So. 2d 1352 (Fla.1988), two of the named plaintiffs, the appellants Kiehl and Smith, filed a second amended complaint which alleged claims on additional grounds against three of the already named party defendan…
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Alanco v. Bystrom, 544 So. 2d 217 (Fla. 3d DCA 1989)…der separate trials pursuant to Rule 1.270(b). Roberts v. Keystone Trucking Co., 259 So. 2d 171, 174 (Fla. 4th DCA 1972).1 The law is clear, however, that misjoinder of parties is not a ground for dismissal. Fla.R.Civ.P. 1.250(a); Anderson v. Brown, 524 So. 2d 457 (Fla. 3d DCA), rev. denied, 531 So. 2d 1352 (Fla.1988); Travelers Express, Inc. v. Acosta, 397 So. 2d 733 (Fla. 3d DCA 1981); Keystone Trucking Co., 259 So. 2d at 174. A direction to a plaintiff, by an order entered on a motion for judgment on the p…
Authorities Cited
- Harrell v. Hess OIL & Chem. Corp., 287 So. 2d 291 (Fla. 1973)
- Chapnick v. Coleman, 481 So. 2d 931 (Fla. 4th DCA 1985)
- Travelers Express, Inc. v. Myriam Acosta, 397 So. 2d 733 (Fla. 3d DCA 1981)
- Kennedy & ELY Ins., Inc. v. Am. Emp'rs' Ins. Co., 179 So. 2d 248 (Fla. 3d DCA 1965)
- Roberts v. Keystone Trucking Co., 259 So. 2d 171 (Fla. 4th DCA 1972)
- Cassidy v. ICE Queen Int'l, Inc., 390 So. 2d 465 (Fla. 3d DCA 1980)
- Carbonell v. Am. Int'l Pictures, Inc., 313 So. 2d 417 (Fla. 3d DCA 1975)
- Boyce R. "Bill" Moudy v. Southland Distrib. Co. OF ST. Petersburg, Inc., 452 So. 2d 1045 (Fla. 2d DCA 1984)