Alby v. Palm Beach Gardens Community Hospital

District Court of Appeal of Florida

Alby v. Palm Beach Gardens Community Hospital

368 So. 2d 920, 1979 Fla. App. LEXIS 14214

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 1979

DocketNo. 78-250

StatusPublished

Cited by1 cases

This text of 368 So. 2d 920 (Alby v. Palm Beach Gardens Community Hospital) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alby v. Palm Beach Gardens Community Hospital, 368 So. 2d 920, 1979 Fla. App. LEXIS 14214 (Fla. Ct. App. 1979).

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Opinion

BERANEK, Judge.

This is an interlocutory appeal from an order of the trial court dismissing one count of a complaint with prejudice and transferring two other counts to the County Court on the ground that the amount in question was below the jurisdictional level of the court. The controversy relates to plaintiff’s having been fired from her job by defendant. The court concluded the complaint did not state a cause of action in certain respects and dismissed it with prejudice. Two counts were transferred to the County Court. We have reviewed the matter and conclude the trial court was correct. We would affirm in toto were it not for the fact that the order in question of January 23, 1978, apparently contains a typographical error. In the first paragraph of the order and in all other portions of the record it appears that the court had previously dismissed Count II with prejudice. In the third paragraph of the order appealed Count II is transferred to the County Court. We believe the third paragraph was intended to read that Counts I and III (not Count II) are transferred to the County Court. The order is modified in this regard and affirmed as modified.

AFFIRMED AS MODIFIED.

CROSS and DAUKSCH, JJ., concur.

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BERANEK, Judge.

This is an interlocutory appeal from an order of the trial court dismissing one count of a complaint with prejudice and transferring two other counts to the County Court on the ground that the amount in question was below the jurisdictional level of the court. The controversy relates to plaintiff’s having been fired from her job by defendant. The court concluded the complaint did not state a cause of action in certain respects and dismissed it with prejudice. Two counts were transferred to the County Court. We have reviewed the matter and conclude the trial court was correct. We would affirm in toto were it not for the fact that the order in question of January 23, 1978, apparently contains a typographical error. In the first paragraph of the order and in all other portions of the record it appears that the court had previously dismissed Count II with prejudice. In the third paragraph of the order appealed Count II is transferred to the County Court. We believe the third paragraph was intended to read that Counts I and III (not Count II) are transferred to the County Court. The order is modified in this regard and affirmed as modified.

AFFIRMED AS MODIFIED.

CROSS and DAUKSCH, JJ., concur.

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368 So. 2d 920, 1979 Fla. App. LEXIS 14214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alby-v-palm-beach-gardens-community-hospital-fladistctapp-1979.

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