RICHARD A. SEPTEMBRE, A MINOR BY AND THROUGH HIS FATHER AND NEXT FRIEND, LEE SEPTEMBRE, INDIVIDUALLY, APPELLANTS,
v.
CITY OF NORTH MIAMI, FLORIDA, A MUNICIPALITY, APPELLEE

Fla. 3d DCA | 1964-04-07
No. 63-627
Before BARKDULL, C. J., and CARROLL and TILLMAN PEARSON, JJ.
162 So. 2d 545 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed upon authority of the rule stated in Greene v. Hoiriis, Fla.App.1958, 103 So. 2d 226 and Gilson v. Murphy, Fearnley & Yawn, Inc., Fla.App.1963, 151 So.2d 447.


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  • …the defendant to do anything more than file a simple (unsupported) motion [*62] where the allegations of the complaint are legally insufficient. See Lyster v. Round, Fla.App.1973, 276 So. 2d 186; Lake Erie Chemical Company v. Stinson, Fla.App. 1964, 162 So. 2d 545; Nichols v. Seabreeze Properties, Inc., Fla.App.1974, 302 So. 2d 139; cf. Fawcett Publications, Inc. v. Brown, Fla.App. 1962, 146 So. 2d 899. However, a complaint may present jurisdictional facts which (when deemed admitted for the purposes of the m…
  • Lake Erie Chem. Co. v. Stinson, 181 So. 2d 587 (Fla. 2d DCA 1965)
    …s police range. The complaint also alleged appellant’s negligence in design, manufacture and distribution of the bomb. This marks the second appearance of the case in this court. In the prior appeal, Lake Erie Chemical Co. v. Stinson, Fla.App.1964, 162 So. 2d 545, we held that the Stinson complaint failed to allege facts sufficient to show appellant was operating, conducting, engaging in or carrying on a business or business venture in the State of Florida so as to render appellant amenable to service of pro…
  • Chase Manhattan Bank, N.A. v. Banco del Atlantico, 343 So. 2d 936 (Fla. 3d DCA 1977)
    …Federal Savings and Loan Assn. of Ft. Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976); Nichols v. Seabreeze Properties, Inc., 302 So. 2d 139 (Fla. 3d DCA 1974); O’Connell v. Loach, 194 So. 2d 700 (Fla. 2d DCA 1967); Lake Erie Chemical Co. v. Stinson, 162 So. 2d 545 (Fla. 2d DCA 1964). See also James v. Kush, 157 So. 2d 203 (Fla. 2d DCA 1963). In the instant case, the plaintiff’s complaint falls woefully short of invoking Section 48.181(1), Florida' Statutes (1975), sufficient to withstand a motion to quash th…

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