Stringfellow v. Breidegam

District Court of Appeal of Florida

Stringfellow v. Breidegam

138 So. 2d 75, 1962 Fla. App. LEXIS 3390

District Court of Appeal of Florida·Decided March 1, 1962·No. No. 61-422·Published·Cited by 2 cases

Opinion

PER CURIAM.

Plaintiff s complaint alleging a conspiracy was dismissed and he appealed. The question presented is whether it stated a cause of action for civil conspiracy. We hold that it did not because the allegations purporting to state a cause of action in conspiracy must be clear, positive and specific. Gair v. Lockhart, Fla.1950, 47 So.2d 826.

The complaint before us sought to imply a conspiracy from the discharge of the plaintiff who was employed for an indefinite term. Such a discharge is not prima facie illegal. Hope v. National Airlines, Fla.App.1957, 99 So.2d 244.

Affirmed.

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PER CURIAM.

Plaintiff s complaint alleging a conspiracy was dismissed and he appealed. The question presented is whether it stated a cause of action for civil conspiracy. We hold that it did not because the allegations purporting to state a cause of action in conspiracy must be clear, positive and specific. Gair v. Lockhart, Fla.1950, 47 So.2d 826.

The complaint before us sought to imply a conspiracy from the discharge of the plaintiff who was employed for an indefinite term. Such a discharge is not prima facie illegal. Hope v. National Airlines, Fla.App.1957, 99 So.2d 244.

Affirmed.

Stringfellow v. Breidegam, 138 So. 2d 75, 1962 Fla. App. LEXIS 3390 (Fla. Ct. App. 1962).

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Opinion

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