LEON H. DOTSON, APPELLANT,
v.
MARY E. MADDOX, FORMERLY MARY M. BOONE, APPELLEE
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The appellate court affirmed the dismissal of a complaint seeking to reform a deed and contract, finding the lower court's action appropriate.
No, the lower court did not err in dismissing the complaint. The dismissal was appropriate.
“It appears that the action of the chancellor, in dismissing the cause and the complaint, was appropriate and it is affirmed without prejudice to the appellant to seek any other remedy of which he might be possessed.”
This quote establishes the court's agreement with the lower court's decision to dismiss the complaint and the basis for the affirmation.
The appellant had previously obtained a specific performance decree against the appellee, which was fulfilled. Subsequently, the appellant filed a new…
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Appellant appeals from a final order of •dismissal dismissing his complaint to reform a deed and contract.
It appears that the appellant, as plaintiff, lias previously secured a specific performance decree directed against the appellee and her former husband, as defendants, which decree was performed in accordance with its terms. In a subsequent action for reformation, resulting in the order of dismissal which is the subject matter of this cause, the appellant sought to reform the contract of purchase and sale between the parties and the deed executed in accordance with the decree of specific performance.
It appears that the action of the chancellor, in dismissing the cause and the complaint, was appropriate and it is affirmed without prejudice to the appellant to seek any other remedy of which he might be possessed.
Affirmed.
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Citator
Cited By (14 total)
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Meigs v. Lear, 191 So. 2d 286 (Fla. 1st DCA 1966)…to file motions to strike or dismiss as a means of testing the legal sufficiency of any pleading. The Florida decision involving a procedural situation most nearly akin to the situation in the case at bar is Mark Leach Health Furniture Co. v. Thal, 143 So. 2d 64 (1962), decided by the District Court of Appeal, Second District of Florida. In that case the plaintiff brought an action upon a conditional sales note. The defendant denied generally every allegation of the complaint, but, in response to a request…
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Movielab, Inc. v. Davis, 217 So. 2d 890 (Fla. 3d DCA 1969)…tion against raising affirmative defenses in affidavits in opposition to a motion for summary judgment, when same was not .raised in the pleadings. Fink v. Powsner, Fla.App.1958, 108 So. 2d 324; Mark Leach Health Furniture Co. v. Thai, Fla.App.1962, 143 So. 2d 64; Staskiewicz v. Krause, Fla.App.1964, 159 So. 2d 476; Wingreen Company v. Montgomery Ward & Co., Inc., Fla.App.1965, 171 So. 2d 408; Turf Express, Inc. v. Palmer, Fla.App.1968, 209 So. 2d 461. Therefore, we find it not incumbent on the trial judge t…
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The Wingreen Co. v. Montgomery Ward & Co., Inc., 171 So. 2d 408 (Fla. 3d DCA 1965)…affirmative defenses must be pleaded and it is not sufficient to sustain a defense to a summary judgment motion to allege such in affidavits. See: Fink v. Powsner, Fla.App.1958, 108 So. 2d 824; Mark Leach Health Furniture Co. v. Thal, Fla.App. 1962, 143 So. 2d 64. The remaining assignment of error urged by the appellant [as to the untimely affidavit, which certainly was not good practice] appears to be merely harmless, as the net effect of said affidavit was to reduce the liability of the defendant. Without…
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