IRVING FALB, ARNOLD FRANKEL (SOMETIMES KNOWN AS ARNOLD FRANK) ET AL., APPELLANTS,
v.
MIAMI NATIONAL BANK, APPELLEE
IRVING FALB, ARNOLD FRANKEL (SOMETIMES KNOWN AS ARNOLD FRANK) ET AL., APPELLANTS,
MIAMI NATIONAL BANK, APPELLEE
201 So. 2d 593
Florida District Court of Appeal, Third District (1967)
Positive Treatment
Cited by 1 case
Opinion of the Court
This appeal is by the plaintiff from a summary final judgment for one of the defendants. The complaint sought to bind the appellee as a joint tortfeasor under a loose allegation that the two defendants acted in concert. The appellee was not alleged to have been the active tortfeasor.
The complaint failed to state a cause of action and summary final judgment was properly entered when the depositions and affidavits effectively negated joint action by the defendants. See Standard Phosphate Co. v. Lunn, 66 Fla. 220, 63 So. 429 (1913); Gulf Refining Co. v. Wilkinson, 94 Fla. 664, 114 So. 503, 506 (1927); Weaver v. Worley, Fla.App.1961, 134 So.2d 272.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Falb v. Miami Nat'l Bank, 207 So. 2d 452 (Fla. 1967)…Certiorari denied without opinion. 201 So. 2d 593.…
Authorities Cited
- Gulf Ref. Co. v. Wilkinson, 94 Fla. 664 (Fla. 1927)
- Standard Phosphate Co. v. Lunn, 66 Fla. 220 (Fla. 1913)
- Frances M. King and Others v. Erastus A. Barnard, 66 Fla. 252 (Fla. 1913)
- Weaver v. Worley, 134 So. 2d 272 (Fla. 2d DCA 1961)