DEREK L. O'DONOGHUE, APPELLANT,
v.
S. A. M. CORP. ET AL., APPELLEES
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The appellate court affirmed the lower court's decision that the complaint failed to state an equitable cause of action but reversed the dismissal, directing the case be transferred to the law side of the court.
The chancellor correctly determined that the amended complaint did not state a cause of action cognizable in equity. However, the chancellor erred by dismissing the complaint instead of transferring it to the law side of the court.
“We find the chancellor was correct in his holding that the amended complaint failed to state a cause of action cognizable in equity.”
Establishes the court's agreement with the lower court's assessment of the equity claim.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff filed an amended complaint in a chancery suit against the defendants. The chancellor dismissed the amended complaint for failing to stat…
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Appellant, plaintiff below, filed his amended complaint against the appellees, defendants below, in a chancery suit.
This appeal is from a final order of the chancellor dismissing, without prejudice, plaintiff’s amended complaint for failure to state a cause of action cognizable in equity.
We find the chancellor was correct in his holding that the amended complaint failed to state a cause of action cognizable in equity. However, we find he was in error in dismissing the amended complaint instead of transferring the case to the law side of the court in accordance with rule 1.39, Florida Rules of Civil Procedure, 30 F.S.A. See Staiger v. Greb, Fla.App. 1957, 97 So.2d 494; Cook v. Central and Southern Florida Flood Control Dist., Fla.
*629App.1959, 114 So.2d 691; Rizzo v. Euclid Urbana Co., Fla.App.1960, 118 So.2d 553.
Affirmed in part and reversed in part with directions that the suit be transferred for proceedings at law.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Emerson C. Cook v. Cent. & S. Fla. Flood Control Dist., 114 So. 2d 691 (Fla. 2d DCA 1959)
- Rizzo v. Euclid Urbana Co., 118 So. 2d 553 (Fla. 2d DCA 1960)
- Staiger v. Nat J. Greb and Bessie Bloomberg, 97 So. 2d 494 (Fla. 3d DCA 1957)