CONFEDERATION LIFE ASSOCIATION, A CANADIAN CORPORATION, APPELLANT,
v.
HECTOR DE LARA, ET AL., APPELLEES
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The court held that the plaintiffs' action was not in equity because the complaint lacked an allegation of no adequate remedy at law.
Plaintiffs sued an insurance company as beneficiaries of a life insurance policy. The trial court entered a final decree for the plaintiffs, ordering …
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Defendant, Confederation Life Association, a Canadian insurance company, appeals from a final decree for the appellees, who were the plaintiffs below.
The plaintiffs brought an action against the insurance company in the Circuit Court of Dade County, Florida. They alleged that they were beneficiaries of the proceeds of :a life insurance policy which the insurance company had issued on the life of one German Lopez Sanchez.
The complaint sought relief which could be characterized as “equitable” and “legal”. The final decree found that the equities were with the plaintiffs and under the principles of Confederation Life Association v. Vega y Arminan, Fla.App.1968, 207 So.2d 33, Cert, discharged, Fla.1968, 211 So.2d 169, ordered the insurance company to pay plaintiffs the sum of Ten Thousand Dollars plus bonuses and interest from October 31, 1963.
On appeal there is a difference of opinion between the parties as to whether plaintiffs were seeking legal or equitable relief in the trial court. Plaintiffs argue that they were seeking and obtained specific performance of the insurance contract in question.
An examination of the complaint shows that it did not contain any allegation that plaintiffs were without a plain adequate and complete remedy at law. See 29A Fla.Jur. Specific Performance § 14. Neither is there proof that plaintiffs had an inadequate or incomplete remedy at law. Cf. Confederation Life Association v. Vega y Arminan, Fla.App.1968, 207' So.2d 33, p. 35. We hold, therefore, that plaintiff’s ac*540tion was not in the posture of Vega, supra, and this action was not controlled or governed by the equitable principles pronounced therein.
The final decree herein appealed is Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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de Lara v. Confederation Life Ass'n, 257 So. 2d 42 (Fla. 1971)…[*43] ERVIN, Acting Chief Justice. We have for review on petition for writ of certiorari a decision of the District Court of Appeal, Third District. Confederation Life Association v. de Lara, Fla.App.1971, 244 So. 2d 539. We have jurisdiction under Article V, Section 4(2) of the Florida Constitution, F.S.A. because this decision conflicts with Confederation Life Association v. Vega y Arminan, Fla. App.1968, 207 So. 2d 33, which opinion was adopted by this Court in C…
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Confederation Life Ass'n v. de Lara, 259 So. 2d 521 (Fla. 3d DCA 1972)…PER CURIAM. Whereas, the judgment of this court was entered on January 26, 1971 (244 So. 2d 539) reversing the final decree of the Circuit Court of Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed December 1, 1971 (2…
Authorities Cited
- Confederation Life Ass'n v. Arminan, 207 So. 2d 33 (Fla. 3d DCA 1968)
- Confederation Life Ass'n v. Manuel Antonio Vega y Arminan, 211 So. 2d 169 (Fla. 1968)