Berman Leasing Co. v. Brumage

District Court of Appeal of Florida

Berman Leasing Co. v. Brumage

217 So. 2d 359

CourtDistrict Court of Appeal of Florida

DecidedJanuary 7, 1969

DocketNo. 68-593

StatusPublished

Cited by2 cases

This text of 217 So. 2d 359 (Berman Leasing Co. v. Brumage) 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.

Bluebook

Berman Leasing Co. v. Brumage, 217 So. 2d 359 (Fla. Ct. App. 1969).

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Opinion

PER CURIAM.

The plaintiff has appealed from an order which (1) dismissed its complaint and (2) allowed it 20 days from the filing date of the order to file an amended complaint. The appeal must be dismissed upon the authority of Hancock v. Piper, Fla.1966, 186 So.2d 489; Southern Laundry Co. of Marianna v. Home Ins. Co., Fla.App. 1966, 190 So.2d 39; Simon v. Tampa Electric Company, Fla.App.1967, 198 So.2d 379.

We therefore do not determine whether the appellant’s complaint stated a cause of action. It is apparent, however, that the complaint fails to allege more than the barest legal conclusions. In order to obviate a second appeal in this matter, we respectfully refer the parties to the rule set forth in McSwiggan v. Edson, Fla.1966, 186 So. 2d 13, 15.

Appeal dismissed.

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PER CURIAM.

The plaintiff has appealed from an order which (1) dismissed its complaint and (2) allowed it 20 days from the filing date of the order to file an amended complaint. The appeal must be dismissed upon the authority of Hancock v. Piper, Fla.1966, 186 So.2d 489; Southern Laundry Co. of Marianna v. Home Ins. Co., Fla.App. 1966, 190 So.2d 39; Simon v. Tampa Electric Company, Fla.App.1967, 198 So.2d 379.

We therefore do not determine whether the appellant’s complaint stated a cause of action. It is apparent, however, that the complaint fails to allege more than the barest legal conclusions. In order to obviate a second appeal in this matter, we respectfully refer the parties to the rule set forth in McSwiggan v. Edson, Fla.1966, 186 So. 2d 13, 15.

Appeal dismissed.

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217 So. 2d 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berman-leasing-co-v-brumage-fladistctapp-1969.

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