H. B. STRINGFELLOW, APPELLANT,
v.
DELIGHT R. BREIDEGAM, INDIVIDUALLY, I. J. LUMAN, INDIVIDUALLY, AND FEDERAL BATTERY & CABLE MFG. CO., A FLORIDA CORPORATION, APPELLEES
H. B. STRINGFELLOW, APPELLANT,
DELIGHT R. BREIDEGAM, INDIVIDUALLY, I. J. LUMAN, INDIVIDUALLY, AND FEDERAL BATTERY & CABLE MFG. CO., A FLORIDA CORPORATION, APPELLEES
138 So. 2d 75
Florida District Court of Appeal, Third District (1962)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Plaintiff s complaint alleging a conspiracy was dismissed and he appealed. The question presented is whether it stated a cause of action for civil conspiracy. We hold that it did not because the allegations purporting to state a cause of action in conspiracy must be clear, positive and specific. Gair v. Lockhart, Fla.1950, 47 So.2d 826.
The complaint before us sought to imply a conspiracy from the discharge of the plaintiff who was employed for an indefinite term. Such a discharge is not prima facie illegal. Hope v. National Airlines, Fla.App.1957, 99 So.2d 244.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Churruca v. Miami Jai-Alai, Inc., 338 So. 2d 228 (Fla. 3d DCA 1976)…r, general allegations of conspiracy are inadequate; the allegations must be clear, positive and specific. Gair v. Lockhart, Fla.1950, 47 So. 2d 826; Renpak, Inc. v. Oppenheimer, Fla.App.1958, 104 So. 2d 642; Stringfellow v. Breidegam, Fla.App.1962, 138 So. 2d 75; Kutner v. Kalish, Fla.App.1965, 173 So. 2d 763. The allegations of the second amended complaint are legally insufficient to state a cause of action for conspiracy as there was no allegation that there were positions available for the plaintiffs wh…
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DeMOYA v. Mosely, 525 So. 2d 1012 (Fla. 3d DCA 1988)…pital District, 403 So. 2d 1025 (Fla. 3d DCA 1981); Ethyl Corp. v. Balter, 386 So. 2d 1220 (Fla. 3d DCA 1980); cert. denied, 392 So. 2d 1371 (Fla.1981); Catania v. Eastern Airlines, Inc., 381 So. 2d 265 (Fla. 3d DCA 1980); Stringfellow v. Breidegam, 138 So. 2d 75 (Fla. 3d DCA 1962); Copperweld Corporation v. Independence Tube Corporation, 467 U.S. 752, 104 S.Ct. 2731, 81 L.Ed.2d 628 (1984); Davis & Cox v. Summa Corporation, 751 F. 2d 1507 (9th Cir.1985); Larry R. George Sales Company v. Cool Attic Corporatio…
Authorities Cited
- Hope v. Nat'l Airlines, Inc., 99 So. 2d 244 (Fla. 3d DCA 1957)
- Gair v. Lockhart, 47 So. 2d 826 (Fla. 1950)