Thompkins ex rel. Thompkins v. Metropolitan Dade County
This text of 345 So. 2d 1090 (Thompkins ex rel. Thompkins v. Metropolitan Dade County) 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.
Opinion
Plaintiffs appeal from an order dismissing their amended complaint for failure to state a cause of action. The original complaint was found defective for failure to allege a legal deputy imposed upon the County and a violation of that duty. The amended complaint was dismissed on the same ground and plaintiffs declined to plead further. Thereupon, final judgment was entered.
Whether a complaint states a cause of action must be determined from the allegations of the complaint itself. Geer v. Bennett, 237 So.2d 311 (Fla. 4th DCA 1970). It appears from a reading of the complaint that plaintiffs would not be entitled to recovery if they proved each and every allegation of the complaint. Therefore, the complaint was properly dismissed. See Rice v. White, 147 So.2d 204 (Fla. 1st DCA 1962). Cf. Wong v. City of Miami, 237 So.2d 132 (Fla.1970).
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
345 So. 2d 1090, 1977 Fla. App. LEXIS 15907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompkins-ex-rel-thompkins-v-metropolitan-dade-county-fladistctapp-1977.