ATHAS S. CURTIS, APPELLANT,
v.
MORRIS SIMON AND EDWARD C. DANIELS, JR., APPELLEES
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The Florida District Court of Appeal affirmed the dismissal of a complaint, holding that the plaintiff failed to state a cause of action for fraud, as the relief sought was in the nature of a deficiency judgment after a prior mortgage foreclosure.
No, the fifth amended complaint did not state a cause of action for fraud, and the relief sought was in the nature of a deficiency judgment upon a previously foreclosed mortgage.
“The sole issue is whether this final complaint stated a cause of action.”
This quote establishes the central legal question before the appellate court.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff appealed a final decree that dismissed its fifth amended complaint with prejudice. The complaint alleged that one defendant had previous…
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Plaintiff appeals a final decree dismissing its fifth amended complaint with prejudice. The sole issue is whether this final complaint stated a cause of action. The trial court in all probability was impelled to extend to the plaintiff every opportunity to state a cause of action because of the allegation that one of the defendants had previously represented plaintiff as his attorney and that the plaintiff reposed great confidence in the said defendant.
It appears from the face of the complaint that there are no facts alleged to substantiate a claim of fraud and that the relief sought was actually in the nature of a deficiency judgment upon a mortgage which had previously been foreclosed. There being no basis alleged for the relief sought, the complaint was properly dismissed.
Affirmed.
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Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)…id those situations that have occurred in the past when an order has been affirmed because appellate counsel failed to bring up the portions of the record necessary to determine whether there was an error. See Pan American Metal Prods. Co. v. Healy, 138 So. 2d 96 (Fla. 3d DCA 1962). The rule is not intended to cure inadequacies in the record that result from the failure of a party to make a proper record during the proceedings in the lower tribunal. The purpose of the rule is to give the parties an opportuni…
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Kauffmann v. Baker, 392 So. 2d 13 (Fla. 4th DCA 1980)…uations which have occurred in the past where an order has been affirmed because appellate counsel .failed to bring up the portions of the record necessary to determine whether or not there was an error. See Pan American Metal Products Co. v. Healy, 138 So. 2d 96 (Fla. 3d DCA 1962). The rule is not intended to cure inadequacies in the record which result from the failure of a party to properly make a record during the proceedings in the lower tribunal. The purpose of the rule is to give the parties an opport…
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Amendments to Florida Rules of Appellate Procedure, 780 So. 2d 834 (Fla. 2000)…d those situations that have occurred in the past when an order has been affirmed because appellate counsel failed to bring up the portions of the i’ecord necessary to determine whether there was an error. See Pan American Metal Prods. Co. v. Healy, 138 So. 2d 96 (Fla. 3d DCA 1962). The rule is not intended to cure inadequacies in the record that result from the failure of a party to make a proper record during the proceedings in the lower tribunal. The purpose of the rule is to give the parties an opportuni…
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