A. W. BYERS, DOING BUSINESS UNDER THE TRADE NAME OF WEST PALM BEACH MERCHANT POLICE, APPELLANT,

v.

SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, A NEW YORK CORPORATION, APPELLEE

Citator

Cited By

• Augustine v. S. Bell Tel. & Tel. Co., 91 So. 2d 320 (Fla. 1956)
  …when the parties go back before the trial judge. We are not presently concerned with the problems appellant might face if and when he undertakes to prove his case. Appellee relies for affirmance on Byers v. Southern Bell Tel. & Tel. Co., Fla.1954, 73 So. 2d 875, a case which we affirmed without opinion. We have examined the original record in the case cited and find that it does not control the case at bar. There, the trial judge sustained a motion to dismiss the complaint for failure to state a cause of a…
• Dino Kaklamanos and Keely Kaklamanos v. Allstate Ins. Co., 796 So. 2d 555 (Fla. 1st DCA 2001)
  …declines the opportunity to affirm the dismissal but remand with instructions to allow the Plaintiff to amend her complaint. Aúgusting v. Southern Bell Tel. & Tel. Co., 91 So. 2d 320 (Fla.1956) distinguishing Byers v. Southern Bell Tel. & Tel. Co., 73 So. 2d 875 (Fla.1954)(dismissal appropriate where on the face of the complaint damages are too speculative to be recoverable). The Court understands the Appellant’s frustration at the inability to obtain relief for the insurer’s alleged anticipatory breach. H…
• Dominique Rader v. Allstate Ins. Co., 789 So. 2d 1045 (Fla. 4th DCA 2001)
  …declines the opportunity to affirm the dismissal but remand with instructions to allow the Plaintiff to amend her complaint. Augustine v. Southern Bell Tel. & Tel. Co., 91 So. 2d 320 (Fla.1956) distinguishing Byers v. Southern Bell Tel. & Tel. Co., 73 So. 2d 875 (Fla.1954)(dismissal appropriate where on the face of the complaint damages are too speculative to be recoverable). The Court understands the Appellant’s frustration at the inability to obtain relief for the insurer’s alleged anticipatory breach. H…