HARRY W. ROBERTS, APPELLANT,
v.
JOHN L. SHAW, ET AL., APPELLEES
HARRY W. ROBERTS, APPELLANT,
JOHN L. SHAW, ET AL., APPELLEES
639 So. 2d 697
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We consider the trial court’s order in this case as disposing of the entire action filed by appellant. We affirm the denial of appellant’s petition for writ of habeas corpus ad testificandum. To the extent that the court’s order disposed of appellant’s cause of action under 42 U.S.C.A. § 1983, which appears to be alleged, we reverse and remand to require appellees to respond to this complaint and for further proceedings thereon, including transferring the cause to the appropriate division of the circuit court.
WARNER and PARIENTE, JJ., and SMITH, FREDRICKA G., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Farley v. Chase Bank, 37 So. 3d 936 (Fla. 4th DCA 2010)…ting Robert W. Gottfried, Inc. v. Cole, 454 So. 2d 695, 696 (Fla. 4th DCA 1984)). “In order to state a valid claim on an open account, the claimant must attach an ‘itemized’ copy of the account.” H & H Design Builders, Inc. v. Travelers’ Indem. Co., 639 So. 2d 697, 700 (Fla. 5th DCA 1994) (citing Moore v. Boyd, 62 So. 2d 427 (Fla.1952), overruled on other grounds, Stevenson v. Arnold, 250 So. 2d 270, 272 (Fla.1971)). An itemized statement of underlying charges is not required to establish a claim for an acco…
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Contractors Unlimited, Inc. v. Nortrax Equip. Co. Se., 833 So. 2d 286 (Fla. 5th DCA 2002)…ed copy reflecting unpaid invoices and the account balance. The invoice references a [*288] recent transaction. These documents were sufficient to support the cause of action for open account. H & H Design Builders, Inc. v. Travelers’ Indemnity Co., 639 So. 2d 697 (Fla. 5th DCA 1994). Nortrax, however, failed to provide a legible attachment to its amended complaint of the written instrument upon which it was suing Wade. Florida law recognizes that a default should be set aside if the complaint upon which it…
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Hawkins v. Barnes, 661 So. 2d 1271 (Fla. 5th DCA 1995)…ions for an action on the account. We conclude that it does not.2 An action to recover on an open account is essentially an action to collect on a debt created by a series of credit transactions. H & H Design Builders, Inc. v. Traveler’s Indem. Co., 639 So. 2d 697 (Fla. 5th DCA 1994); Central Ins. Underwriters v. National Ins. Co., 599 So .2d 1371 (Fla. 3d DCA 1992); Robert W. Gottfried, Inc. v. Cole, 454 So. 2d 695 (Fla. 4th DCA 1984). One party to the account agrees to sell goods or services on credit and t…
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