Smith v. Cauthen

District Court of Appeal of Florida

Smith v. Cauthen

399 So. 2d 475, 1981 Fla. App. LEXIS 20098

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 1981

DocketNo. XX-427

StatusPublished

This text of 399 So. 2d 475 (Smith v. Cauthen) 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

Smith v. Cauthen, 399 So. 2d 475, 1981 Fla. App. LEXIS 20098 (Fla. Ct. App. 1981).

Pincite

Opinion

PER CURIAM.

Appellant argues the trial court erred in ruling on his motion to dismiss for failure to state a cause of action prior to considering his motion to dismiss or transfer alleging improper venue. We agree. The order granting appellant’s motion to dismiss for failure to state a cause of action is vacated and the cause remanded for consideration of the motion to dismiss or transfer on the grounds of improper venue. Dickinson v. Grootemaat, 291 So.2d 669 (Fla.2d DCA 1974); Reed Construction Corporation v. State Road Department, 165 So.2d 816 (Fla.3d DCA 1964).

MILLS, C. J., and SHAW, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

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

PER CURIAM.

Appellant argues the trial court erred in ruling on his motion to dismiss for failure to state a cause of action prior to considering his motion to dismiss or transfer alleging improper venue. We agree. The order granting appellant’s motion to dismiss for failure to state a cause of action is vacated and the cause remanded for consideration of the motion to dismiss or transfer on the grounds of improper venue. Dickinson v. Grootemaat, 291 So.2d 669 (Fla.2d DCA 1974); Reed Construction Corporation v. State Road Department, 165 So.2d 816 (Fla.3d DCA 1964).

MILLS, C. J., and SHAW, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

399 So. 2d 475, 1981 Fla. App. LEXIS 20098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-cauthen-fladistctapp-1981.

Opinion

Related

Cite This Page — Counsel Stack