J. T. FLEMING, ET AL.,
v.
STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, A CORPORATION, AND COUNTY OF HILLSBOROUGH
J. T. FLEMING, ET AL.,
STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, A CORPORATION, AND COUNTY OF HILLSBOROUGH
157 Fla. 170
Florida Supreme Court (1946)
Positive Treatment
Also reported at: 25 So. 2d 376
Cited by 3 cases
Opinion of the Court
In this cáse bill of complaint asking declaratory judgment was dismissed on motions made by the respective defendants.
The bill failed to show that the defendants, or either of them, either claimed or sought to claim, or might have any right to claim, any rights adverse to plaintiffs under the document of which construction by declaratory judgment was sought.
The bill fails to meet the requirements of the law as enunciated by this Court in the case of Ready v. Safeway Rock Company, filed February 1st 1946, not yet reported.
The decree dismissing the bill is affirmed.
So ordered.
CHAPMAN, C. J., TERRELL, BUFORD and ADAMS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Local NO. 234 OF United Ass'n OF Journeymen & Apprentices OF Plumbing & Pipefitting Indus. OF United States & Canada v. Henley & Beckwith, Inc., 66 So. 2d 818 (Fla. 1953)…rights thereunder. By reason of what has been stated above, it is clear that after the adoption of the constitutional amendment neither the plaintiff nor the defendant could claim any rights under the contract. In Fleming v. State Road Department, 157 Fla. 170, 25 So. 2d 376, it is held that where the complaint fails to show that the defendant either claims, seeks to claim, or might have any right to claim, any right adverse to the plaintiffs under the contract or agreement of which construction under the…
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Benerofe v. State Rd. Dep't of Fla., 217 So. 2d 838 (Fla. 1969)…s, by the municipal or highway authorities; or compensation may be required therefor in timely and proper cases by the abutting landowners where deprivation thereof actually occurs without prior acquisition. Compare Fleming v. State Road Department, 157 Fla. 170, 25 So. 2d 373; Selden v. City of Jacksonville, 28 Fla. 558, 10 So. 457, 14 L.R.A. 370, and Florida [*840] State Turnpike Authority v. Anhoco Corp. (Fla.1959), 116 So. 2d 8. The writ of certiorari is discharged. DREW, THORNAL and CALDWELL (retired…
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Krantzler v. Bd. OF Cnty. Comm'rs OF Dade Cnty., 354 So. 2d 126 (Fla. 3d DCA 1978)…ion. Brandon v. County of Pinellas, 141 So. 2d 278 (Fla.2d DCA 1962). But if his allegations show any grounds for equitable relief,, his pleadings should be regarded as sufficient, as against a motion for dismissal, Fleming v. State Road Department, 157 Fla. 170, 25 So. 2d 373 (1946), and the complaint must be viewed most favorably to the pleader, Brandon, supra; Dawson v. National Home Insurance Company, 138 So. 2d 356 (Fla.3d DCA 1962). Therefore, we find that the trial court erred in ruling that plaintif…