Nunes v. Nunes

District Court of Appeal of Florida

Nunes v. Nunes

182 So. 2d 263, 1966 Fla. App. LEXIS 5875

CourtDistrict Court of Appeal of Florida

DecidedFebruary 1, 1966

DocketNo. 65-803

StatusPublished

This text of 182 So. 2d 263 (Nunes v. Nunes) 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

Nunes v. Nunes, 182 So. 2d 263, 1966 Fla. App. LEXIS 5875 (Fla. Ct. App. 1966).

Pincite

Opinion

PER CURIAM.

This is an interlocutory appeal from an order denying relief pursuant to Rule 1.38 (b), Fla.R.Civ.P. (1962'Rev.), 30 F.S.A. Appellant’s motion alleged that' the final decree was void because the court granted relief other than, and in addition to, that prayed for in the complaint.

The facts, upon which the decree was based, were fully set out in the complaint, and under the Florida Rules of Civil Procedure, the complaint is considered as a prayer ' for general relief. Rule "1.8(b), [264]*264Fla.R.Civ.P. (1962 Rev.). Appellant’s allegations in his motion for relief pursuant to Rule 1.38(b) failed to state a ground for such relief.

Affirmed.

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PER CURIAM.

This is an interlocutory appeal from an order denying relief pursuant to Rule 1.38 (b), Fla.R.Civ.P. (1962'Rev.), 30 F.S.A. Appellant’s motion alleged that' the final decree was void because the court granted relief other than, and in addition to, that prayed for in the complaint.

The facts, upon which the decree was based, were fully set out in the complaint, and under the Florida Rules of Civil Procedure, the complaint is considered as a prayer ' for general relief. Rule "1.8(b), [264]*264Fla.R.Civ.P. (1962 Rev.). Appellant’s allegations in his motion for relief pursuant to Rule 1.38(b) failed to state a ground for such relief.

Affirmed.

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Bluebook (online)

182 So. 2d 263, 1966 Fla. App. LEXIS 5875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nunes-v-nunes-fladistctapp-1966.