OMAH WATTS, NEE DEVAUL, AND DONALD EVERETT WATTS, HER HUSBAND, APPELLANTS,
v.
ELAINE SMITH, APPELLEE
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This case involves an appeal from a final judgment entered after the trial court dismissed a second amended complaint. The appellate court affirmed the dismissal, finding the complaint's allegations insufficient to overcome Florida's guest statute.
No, the facts alleged in the second amended complaint were insufficient to preclude the operation of Florida's guest statute.
“the facts alleged in such complaint and each count of it were insufficient to preclude the operation of section 320.59, Florida Statutes, 1959, F.S.A., commonly known as the guest statute.”
This quote describes the core reason for the defendant's motion to dismiss and the trial court's decision.
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Join FLexlaw to unlock all legal intelligencePlaintiffs filed a second amended complaint, which the defendant moved to dismiss. The motion argued that the facts alleged were insufficient to avoid…
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The defendant moved to dismiss the second amended complaint of the plaintiffs on the ground, among other things, that the facts alleged in such complaint and each count of it were insufficient to preclude the operation of section 320.59, Florida Statutes, 1959, F.S.A., commonly known as the guest statute. This motion was granted; plaintiffs declined to amend the complaint further, and as a consequence final judgment was entered. The appeal then ensued. We have made a careful analysis of the allegations involved and are impelled to the conclusion that the test prescribed in the case of Carraway v. Revell, Fla.1959, 116 So.2d 16, has not been met so as to state a cause of action. See also the case of Wilson v. Eagle, Fla.App.1960, 120 So.2d 207. The judgment is affirmed.
KANNER, Acting C. J., and SMITH and WHITE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Royal Carraway v. Revell, 116 So. 2d 16 (Fla. 1959)
- Wilson v. Delbert Pfaff Eagle, 120 So. 2d 207 (Fla. 2d DCA 1960)