Zajicek v. Bernier

District Court of Appeal of Florida

Zajicek v. Bernier

152 So. 2d 525, 1963 Fla. App. LEXIS 3635

District Court of Appeal of Florida·Decided April 30, 1963·No. No. 62-64·Published·Cited by 1 cases

Opinion

PER CURIAM.

The chancellor entered a final order of dismissal without prejudice, of a chancery cause, finding that it appeared that' “the plaintiff has an adequate remedy of law”. No error on this appeal has been demonstrated in said ruling, except that the matter should have been transferred to the court of appropriate jurisdiction, to wit: the Civil Court of Record in and for Dade County, Florida, pursuant to the provisions of Rule 1.39, Florida Rules of Civil Procedure, 30 F.S.A.

[526]*526Therefore, so much of the order as dismissed the complaint in chancery is affirmed, with directions to transfer the cause to the Civil Court of Record in and for Dade County, Florida.

Affirmed- in part and reversed in part, with directions.

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

PER CURIAM.

The chancellor entered a final order of dismissal without prejudice, of a chancery cause, finding that it appeared that' “the plaintiff has an adequate remedy of law”. No error on this appeal has been demonstrated in said ruling, except that the matter should have been transferred to the court of appropriate jurisdiction, to wit: the Civil Court of Record in and for Dade County, Florida, pursuant to the provisions of Rule 1.39, Florida Rules of Civil Procedure, 30 F.S.A.

[526]*526Therefore, so much of the order as dismissed the complaint in chancery is affirmed, with directions to transfer the cause to the Civil Court of Record in and for Dade County, Florida.

Affirmed- in part and reversed in part, with directions.

Zajicek v. Bernier, 152 So. 2d 525, 1963 Fla. App. LEXIS 3635 (Fla. Ct. App. 1963).

Pincite

152 So. 2d 525 (Zajicek v. Bernier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related