O'Donoghue v. S. A. M. Corp.

District Court of Appeal of Florida

O'Donoghue v. S. A. M. Corp.

132 So. 2d 628

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1961

DocketNo. 60-669

StatusPublished

This text of 132 So. 2d 628 (O'Donoghue v. S. A. M. Corp.) 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

O'Donoghue v. S. A. M. Corp., 132 So. 2d 628 (Fla. Ct. App. 1961).

Pincite

Opinion

PER CURIAM.

Appellant, plaintiff below, filed his amended complaint against the appellees, defendants below, in a chancery suit.

This appeal is from a final order of the chancellor dismissing, without prejudice, plaintiff’s amended complaint for failure to state a cause of action cognizable in equity.

We find the chancellor was correct in his holding that the amended complaint failed to state a cause of action cognizable in equity. However, we find he was in error in dismissing the amended complaint instead of transferring the case to the law side of the court in accordance with rule 1.39, Florida Rules of Civil Procedure, 30 F.S.A. See Staiger v. Greb, Fla.App. 1957, 97 So.2d 494; Cook v. Central and Southern Florida Flood Control Dist., Fla.

[629]*629App.1959, 114 So.2d 691; Rizzo v. Euclid Urbana Co., Fla.App.1960, 118 So.2d 553.

Affirmed in part and reversed in part with directions that the suit be transferred for proceedings at law.

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