Home/District Court of Appeal of Florida/Helton v. Gunderson

Helton v. Gunderson

802 So. 2d 1152, 2001 Fla. App. LEXIS 16025, 2001 WL 1411318
CourtDistrict Court of Appeal of Florida
DecidedNovember 14, 2001
DocketNo. 3D01-1407
StatusPublished

This text of 802 So. 2d 1152 (Helton v. Gunderson) 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
Helton v. Gunderson, 802 So. 2d 1152, 2001 Fla. App. LEXIS 16025, 2001 WL 1411318 (Fla. Ct. App. 2001).

Opinion

PER CURIAM.

The plaintiff, Kris Edward Helton, appeals the trial court’s sua sponte dismissal of Count I of his complaint for failure to attach a copy of the contract upon which he is suing. The defendant claims, and we agree, that the existence of the alleged contract is a matter to be proved at trial, and that Helton should be permitted to attempt to prove his case. See Amiker v. Mid-Century Ins. Co., 398 So.2d 974, 975-76 (Fla. 1st DCA 1981). Finding no merit [1153]*1153to Helton’s other claims,1 we reverse the dismissal of Count I and remand for the trial court to reinstate the claim.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Costa Bella Development Corporation v. Costa Development Corporation
445 So. 2d 1090 (District Court of Appeal of Florida, 1984)
Amiker v. Mid-Century Insurance
398 So. 2d 974 (District Court of Appeal of Florida, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
802 So. 2d 1152, 2001 Fla. App. LEXIS 16025, 2001 WL 1411318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helton-v-gunderson-fladistctapp-2001.