GERTRUDE CHAPMAN, PLAINTIFF
v.
MAURICE M. SLAFF AND ANNETT H. SLAFF, HIS WIFE, INDIVIDUALLY AND AS DIRECTOR AND TRUSTEES FOR THE PROPERTY OF SLAFF REALTY COMPANY, INC., A DISSOLVED FLORIDA CORPORATION, SLAFF REALTY COMPANY, INC., A FLORIDA CORPORATION, AND R. A. GRAY, AS SECRETARY OF THE STATE OF FLORIDA, DEFENDANTS
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The court sustained the defendants' motion to dismiss the plaintiff's amended complaint for failure to state a cause of action, as it did not allege compliance with the contract.
The court held that the plaintiff's amended complaint, like the original, failed to state a cause of action because it did not allege facts showing compliance with the contract by the plaintiff.
The plaintiff city filed an amended complaint based on a written instrument intended as a contract. The amended complaint added allegations that the c…
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The question certified to this Court in the above stated cause for an answer is not such a question as falls within Rule 4.6, Florida Appellate Rules, in that our answer, if given, would not be determinative of the cause and for the further reason that there appears to be controlling-precedent in this state on which a decision of the Chancellor could be based. The trial court, under Section 6, of Article V of the Constitution of Florida, F.S.A., has the power to adjudicate the question, the answer to which may be reviewed on appeal' if desired. See City of Hollywood v. Peck, Fla., 57 So.2d 842.
STURGIS, C. J., and CARROLL and WIGGINTON, JJ., concur.
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Jordan v. AETNA Ins. Co., 172 So. 2d 483 (Fla. 1st DCA 1965)…Acting Chief Judge, WIGGINTON and RAWLS, JJ., concur. . See Schwob Co. of Florida v. Florida Industrial Commission, 152 Fla. 203, 11 So. 2d 782 (Fla.1942). . Rosenberg v. Ryder Leasing, Inc., 159 So. 2d 873 (Fla.App.3d, 1964). . Chapman v. Slaff, 101 So. 2d 413 (Fla.App.1st, 1958).…
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Pridgeon v. Haywood Folsom, 174 So. 2d 619 (Fla. 1st DCA 1965)…] to which may be reviewed on appeal if desired. In the exercise of its discretion this Court therefore respectfully declines to answer the question as certified.1 STURGIS, C. J., and CARROLL, DONALD K., and RAWLS, TJ., concur. . Chapman v. Slaff, 101 So. 2d 413 (Fla.App.lst, 1958).…
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Sigmund T. Jaworski v. The City OF Opa-Locka, 149 So. 2d 566 (Fla. 3d DCA 1963)…r?” It is our view that the above question is not such a question as falls within Rule 4.6, Florida Appellate Rules, 31 F.S.A., in that it does not appear that the question is without controlling precedent in this state. Chapman v. Slaff, Fla.App., 101 So. 2d 413; City of Hollywood v. Peck, Fla.App., 57 So. 2d 842; Schwob Co. of Florida v. Florida Industrial Commission, 152 Fla. 203, 11 So. 2d 782. The trial court under § 11 of Article 5 of the Constitution of Florida, F.S.A., has the power to adjudicate th…
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