JEFFREY'S, INC., APPELLANT,
v.
RESTAURANTS, INC., APPELLEE
JEFFREY'S, INC., APPELLANT,
RESTAURANTS, INC., APPELLEE
156 So. 2d 518
Florida District Court of Appeal, Third District (1963)
Positive Treatment
Cited by 4 cases
Opinion of the Court
This is an appeal from an order of dismissal in an action at law. We find error and reverse.
Plaintiff-appellant was the landlord of the defendant-appellee and the suit involved rent. The order was entered sua sponte in the absence of any motion and without a hearing or notice of any hearing, and the order was “with prejudice.”
On the day previous to the filing of this action at law the defendant tenant had filed a suit in equity against the appellant seeking a decree granting an abatement of the rent. There may be some issues of law and fact common to both actions but this alone would not warrant the dismissal order, even “without” prejudice.
Accordingly, the order appealed is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
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Noonan-Judson v. Surrency, 669 So. 2d 1058 (Fla. 5th DCA 1996)…la. 466, 143 So. 768 (1932); Harold Silver, P.A. v. Farmers Bank & Trust Co. of Kentucky, 498 So. 2d 984 (Fla. 1st DCA 1986); Ecological Science Corp. v. Boca Ciega Sanitary Dist., 317 So. 2d 857 (Fla. 2d DCA 1975); First Bank & Trust Co. v. Mellay, 156 So. 2d 518 (Fla. 2d DCA 1963). Where an issue is not presented by pleading or litigated by parties during a hearing, a judgment based on that issue is voidable on appeal. Cortina v. Cortina, 98 So. 2d 334 (Fla.1957). Second, because the remedies are not incons…
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Joseph v. Norman Laporte Realty, Inc., 483 So. 2d 557 (Fla. 3d DCA 1986)…w upon a finding that there was no justifiable, legal basis for the order of dismissal and that the order was entered without notice to the parties affected, thereby depriving them of an opportunity to be heard. Jeffrey’s, Inc. v. Restaurants, Inc., 156 So. 2d 518 (Fla. 3d DCA 1963). See Hagen v. Florida Drug, Inc., 402 So. 2d 57 (Fla. 4th DCA 1981). Cf. Crowder v. Oroweat Foods Co., 447 So. 2d 1038, 1040 (Fla. 2d DCA 1984).…