MARVEL R. NEAL, ALSO KNOWN AS MARVEL N. HOFFMAN, APPELLANT,
v.
STATE OF FLORIDA EX REL. LESTER P. KING AND VERLIE KING, HIS WIFE, APPELLEES

Fla. 1st DCA | 1961-12-21
No. C-315
CARROLL, DONALD, K., C. J., concurs., STURGIS, J., dissents.
137 So. 2d 252 Florida District Court of Appeal, First District (1961) Positive Treatment
Cited by 11 cases
Opinion of the Court
WIGGINTON, Judge.

WIGGINTON, Judge.

This is a companion case to that of Neal, also known as Marvel N. Hoffman, Appellant v. State of Florida ex rel. Neal and Zenia Neal, his wife, Appellees, Case No. C-314, 135 So.2d 891, in which an opinion has been this date filed. The issues and facts in both cases are identical except the name, age and sex of the child involved in each case is different. For the reasons set forth in the opinion written in the companion case, the judgment from which this appeal is taken is reversed and the cause remanded for further consideration and proceedings in accordance with the views expressed in the opinion rendered in the companion case above mentioned.

Reversed.

CARROLL, DONALD, K., C. J., concurs.

STURGIS, J., dissents.

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  • Fontainebleau Hotel Corp. v. Walters, 246 So. 2d 563 (Fla. 1971)
    …a complaint for failure to state a cause of action does not reach the defects of vague and ambiguous pleading. Calhoun v. Epstein (Fla.App.1960) 121 So. 2d 828; Smith v. Platt Motors Inc. (Fla.App.1962) 137 So. 2d 239; Frisch v. Kelly (Fla.App.1962) 137 So. 2d 252; Plowden & Roberts, Inc. v. Conway (Fla.App.1966) 192 So. 2d 528. Likewise, under our rules of procedure, it is not necessary for the plaintiff to state the theory of his case in his pleading. In Chasin v. Richey (Fla.1957) 91 So. 2d 811, this court…
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    …that Chase is “entitled to enforce the Mortgage note” is not supported by statements of ultimate facts. If “a complaint is so vague, indefinite and ambiguous as to wholly fail to state a cause of action, it is subject to dismissal.” Frisch v. Kelly, 137 So. 2d 252, 253 (Fla. 1st DCA 1962). To the extent the body of the complaint attempts to allege Chase is a nonholder in possession of the note with the rights of the holder, the complaint fails because the allegation is so vague, indefinite, ambiguous, and con…
  • Plowden & Roberts, Inc. v. Conway, 192 So. 2d 528 (Fla. 4th DCA 1966)
    …2d 915. Since the complaint is not so vague, indefinite and ambiguous as to wholly fail to state a-, cause of action, a motion for more definite statement is appropriate for the dissipation of vagueness and ambiguity. Frisch v. Kelly, Fla.App.1962, 137 So. 2d 252. The original complaint alleged in-general terms the performance of all the-stipulations, conditions and agreements. This was sufficient averment of conditions, precedent. Fla.R.C.P. 1.9(c). The amended complaint, as amended, goes further and alleg…

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