Feldman v. Houle

District Court of Appeal of Florida

Feldman v. Houle

400 So. 2d 180, 1981 Fla. App. LEXIS 20346

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 1981

DocketNo. 79-2167

StatusPublished

This text of 400 So. 2d 180 (Feldman v. Houle) 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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Feldman v. Houle, 400 So. 2d 180, 1981 Fla. App. LEXIS 20346 (Fla. Ct. App. 1981).

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PER CURIAM.

Plaintiffs appeals the dismissal of his second amended complaint with prejudice. We find the complaint failed to state a [181]*181cause of action for conspiracy and thus affirm the dismissal. We have considered and reject the granting of leave to amend against the defendant, The Florida Podiatry Association, Inc., on the theories set out in Falcone v. Middlesex County Medical Society, 34 N.J. 582, 170 A.2d 791 (1961); Blende v. Maricopa County Medical Society, 96 Ariz. 240, 393 P.2d 926 (1964); and Pinsker v. Pacific Coast Society of Orthodontists, 1 Cal.3d 160, 81 Cal.Rptr. 623, 460 P.2d 495 (1969) and 12 Cal.3d 541, 116 Cal.Rptr. 245, 526 P.2d 253 (1974). Plaintiff’s complaint demands damages for past conduct and does not seek admission to the Association.

DOWNEY and BERANEK, JJ., concur. HURLEY, J., concurs specially.

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PER CURIAM.

Plaintiffs appeals the dismissal of his second amended complaint with prejudice. We find the complaint failed to state a [181]*181cause of action for conspiracy and thus affirm the dismissal. We have considered and reject the granting of leave to amend against the defendant, The Florida Podiatry Association, Inc., on the theories set out in Falcone v. Middlesex County Medical Society, 34 N.J. 582, 170 A.2d 791 (1961); Blende v. Maricopa County Medical Society, 96 Ariz. 240, 393 P.2d 926 (1964); and Pinsker v. Pacific Coast Society of Orthodontists, 1 Cal.3d 160, 81 Cal.Rptr. 623, 460 P.2d 495 (1969) and 12 Cal.3d 541, 116 Cal.Rptr. 245, 526 P.2d 253 (1974). Plaintiff’s complaint demands damages for past conduct and does not seek admission to the Association.

DOWNEY and BERANEK, JJ., concur. HURLEY, J., concurs specially.

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400 So. 2d 180, 1981 Fla. App. LEXIS 20346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldman-v-houle-fladistctapp-1981.

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