Beach Roundhouse Town Corp. v. Skinner

District Court of Appeal of Florida

Beach Roundhouse Town Corp. v. Skinner

356 So. 2d 881, 1978 Fla. App. LEXIS 15551

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1978

DocketNo. 77-322

StatusPublished

Cited by4 cases

This text of 356 So. 2d 881 (Beach Roundhouse Town Corp. v. Skinner) 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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Beach Roundhouse Town Corp. v. Skinner, 356 So. 2d 881, 1978 Fla. App. LEXIS 15551 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

By this appeal, we are asked to review a final order dismissing two counts of amended complaint brought by the corporate plaintiffs herein Beach Roundhouse Town Corp. and Jenjayjon Corp. against the defendant William Skinner before the Circuit Court for the Eleventh Judicial Circuit of Florida. It is urged that these counts were properly dismissed because the said corporations had no authority from their respective [882]*882boards of directors or corporate officers to bring this suit. This may very well be true, but there is nothing within the four corners of the complaint which alleges such a fact. Therefore, the said counts in the complaint which otherwise state good causes of action were improperly dismissed. Flye v. Jeffords, 106 So.2d 229 (Fla. 1st DCA 1958); Stone v. Stone, 97 So.2d 352 (Fla. 3d DCA 1957); Section 607.011(1)(b), Florida Statutes (1975).

The order appealed from is reversed and the cause remanded for further proceedings.

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PER CURIAM.

By this appeal, we are asked to review a final order dismissing two counts of amended complaint brought by the corporate plaintiffs herein Beach Roundhouse Town Corp. and Jenjayjon Corp. against the defendant William Skinner before the Circuit Court for the Eleventh Judicial Circuit of Florida. It is urged that these counts were properly dismissed because the said corporations had no authority from their respective [882]*882boards of directors or corporate officers to bring this suit. This may very well be true, but there is nothing within the four corners of the complaint which alleges such a fact. Therefore, the said counts in the complaint which otherwise state good causes of action were improperly dismissed. Flye v. Jeffords, 106 So.2d 229 (Fla. 1st DCA 1958); Stone v. Stone, 97 So.2d 352 (Fla. 3d DCA 1957); Section 607.011(1)(b), Florida Statutes (1975).

The order appealed from is reversed and the cause remanded for further proceedings.

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356 So. 2d 881, 1978 Fla. App. LEXIS 15551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beach-roundhouse-town-corp-v-skinner-fladistctapp-1978.

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