EDNA A. ZAJICEK, A WIDOW, APPELLANT,
v.
LUCIEN A. BERNIER AND ROLANDE D. BERNIER, HIS WIFE, APPELLEES
EDNA A. ZAJICEK, A WIDOW, APPELLANT,
LUCIEN A. BERNIER AND ROLANDE D. BERNIER, HIS WIFE, APPELLEES
152 So. 2d 525
Florida District Court of Appeal, Third District (1963)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The chancellor entered a final order of dismissal without prejudice, of a chancery cause, finding that it appeared that' “the plaintiff has an adequate remedy of law”. No error on this appeal has been demonstrated in said ruling, except that the matter should have been transferred to the court of appropriate jurisdiction, to wit: the Civil Court of Record in and for Dade County, Florida, pursuant to the provisions of Rule 1.39, Florida Rules of Civil Procedure, 30 F.S.A.
*526Therefore, so much of the order as dismissed the complaint in chancery is affirmed, with directions to transfer the cause to the Civil Court of Record in and for Dade County, Florida.
Affirmed- in part and reversed in part, with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Venice E., Inc. v. Manno, 186 So. 2d 71 (Fla. 2d DCA 1966)…ithout interruption. * * * ” Thus, rather than dismissing the case without prejudice to any right appellants might have to prosecute an action at law, the chancellor should have transferred the case to the law side of the court. Zajicek v. Bernier, 152 So. 2d 525 (D.C.A.Fla.1963); Staiger v. Greb, 97 So. 2d 494 (D.C.A.Fla. [*77] 1957); Miller v. Rolfe, 97 So. 2d 132 (D.C.A.Fla.1957). In view of the above, we recede from that portion of our original opinion stating that the chancellor committed error in fail…