Land & Leisure, Inc. v. Valdez

District Court of Appeal of Florida

Land & Leisure, Inc. v. Valdez

389 So. 2d 1093, 1980 Fla. App. LEXIS 17561

CourtDistrict Court of Appeal of Florida

DecidedNovember 5, 1980

DocketNo. 77-1627/T4-6

StatusPublished

This text of 389 So. 2d 1093 (Land & Leisure, Inc. v. Valdez) 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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Land & Leisure, Inc. v. Valdez, 389 So. 2d 1093, 1980 Fla. App. LEXIS 17561 (Fla. Ct. App. 1980).

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Opinion

ORFINGER, Judge.

In this interlocutory appeal,¹ appellant has failed to demonstrate an abuse of discretion by the trial judge in declining to strike parties as improperly joined, or in declining to dismiss counts for misjoinder. Bonded Rental Agency, Inc. v. City of Miami, 192 So.2d 305 (Fla. 3d DCA 1966) cert. denied, 201 So.2d 459 (Fla.1967); Milton v. City of Marianna, 107 Fla. 251, 144 So. 400 (1932).

With respect to the motion to dismiss addressed to individual counts, the motion should have been granted as' to Count IV, alleging an equity of redemption because we cannot discern a factual basis for this claim. If meant in its technical sense, there are no allegations that a mortgage is involved. If meant in its non — technical sense, as the value of the property in excess of its liens,² there are no allegations which disclose this meaning. Perhaps an amendment to the count can reveal the basis upon which appellee claims an equity of redemption.

The order of the trial court declining to dismiss Count IV of the Complaint is reversed, and the trial court shall permit ap-pellees an opportunity to amend that count if they so desire. In all other respects, the order appealed from is affirmed.

AFFIRMED IN PART AND REVERSED IN PART, AND REMANDED WITH DIRECTIONS.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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ORFINGER, Judge.

In this interlocutory appeal,¹ appellant has failed to demonstrate an abuse of discretion by the trial judge in declining to strike parties as improperly joined, or in declining to dismiss counts for misjoinder. Bonded Rental Agency, Inc. v. City of Miami, 192 So.2d 305 (Fla. 3d DCA 1966) cert. denied, 201 So.2d 459 (Fla.1967); Milton v. City of Marianna, 107 Fla. 251, 144 So. 400 (1932).

With respect to the motion to dismiss addressed to individual counts, the motion should have been granted as' to Count IV, alleging an equity of redemption because we cannot discern a factual basis for this claim. If meant in its technical sense, there are no allegations that a mortgage is involved. If meant in its non — technical sense, as the value of the property in excess of its liens,² there are no allegations which disclose this meaning. Perhaps an amendment to the count can reveal the basis upon which appellee claims an equity of redemption.

The order of the trial court declining to dismiss Count IV of the Complaint is reversed, and the trial court shall permit ap-pellees an opportunity to amend that count if they so desire. In all other respects, the order appealed from is affirmed.

AFFIRMED IN PART AND REVERSED IN PART, AND REMANDED WITH DIRECTIONS.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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389 So. 2d 1093, 1980 Fla. App. LEXIS 17561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/land-leisure-inc-v-valdez-fladistctapp-1980.

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