GAIR
v.
LOCKHART
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The Florida Supreme Court affirmed a lower court's dismissal of a bill of complaint, finding the allegations of fraud and conspiracy too general to be legally sufficient. The appellant failed to demonstrate clear error in the dismissal.
No, the allegations of fraud and conspiracy were too general and not clear, positive, and specific as required by law. The court found no error in the dismissal, especially since the appellant did not request leave to amend further before the dismissal order was entered.
“The allegations of fraud and conspiracy are too general and are not clear, positive and specific as required by many of our prior adjudications.”
Establishes the primary reason for affirming the dismissal.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a bill of complaint alleging fraud and conspiracy. The lower court dismissed the amended bill of complaint with prejudice. The app…
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PER CURIAM.
Appellant has failed to carry his burden of making error clearly apparent. His Bill of Complaint was grounded upon fraud and conspiracy. The allegations of *827 fraud and conspiracy are too general and are not clear, positive and specific as required by many of our prior adjudications. McClinton et al. v. Chapin et al., 54 Fla. 510, 45 So. 35, 14 Ann.Cas. 365; Great American Insurance Company of New York, a corporation, v. Suarez, 92 Fla. 24, 109 So. 299; Baylarian v. Tunnicliffe, 105 Fla. 484, 141 So. 609, 144 So. 844.
Although appellant makes a point of the fact that the Chancellor dismissed his Bill as amended with prejudice, we do not find that he requested leave to make further amendment before the entry of the order of dismissal. Affirmed.
ADAMS, C.J., and CHAPMAN, SEBRING and HOBSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Renpak, Inc. v. Oppenheimer, 104 So. 2d 642 (Fla. 2d DCA 1958)…to deal with the party complaining, the conduct causing it must be shown to be a wanton and unlawful interference. General allegations of conspiracy are inadequate; the allegations must be clear, positive, and specific. Gair v. Lockhart, Fla.1950, 47 So. 2d 826, and In re Ruch’s Estate, Fla.1950, 48 So. 2d 289. The allegations in the instant case are insufficient to state a charge of conspiracy for which injunctive relief could be granted. The gravamen of the charge is that the appellees who entered into…
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Gaulden v. Kirk, 47 So. 2d 567 (Fla. 1950)…vent that Section 1 of the Bill of Rights is not applicable hereto. Although appellant challenges the law only as a landlord in the instant suit, he is appellant in another case now pending before us (Gaulden v. Gentry Brothers Paint and Glass Co., 47 So. 2d 826) in which he appears as a consumer. In the latter case he makes the contention that his inalienable right to acquire property cannot be taxed and that as a consumer he cannot be required to pay the debt of another. The Florida Revenue Act of 1949 re…
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Ocala Loan Co. v. Smith, 155 So. 2d 711 (Fla. 1st DCA 1963)…Milligan v. Keyser, 52 Fla. 331, 42 So. 367, 371-373 (1906), and cases cited therein at page 371. The requirements governing fraud apply to averments charging conspiracy. Renpak v. Oppenheimer, 104 So. 2d 642, 646 (Fla.App.1958); Gair v. Lockhart, 47 So. 2d 826 (Fla.1950). Reduced to the case on appeal, this means that the facts must be stated with such particularity as the circumstances may permit; that the allegations of the complaint should be clear, positive, and specific. Fla.Rules of Civil Procedure…
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