Zajicek v. Bernier

District Court of Appeal of Florida

Zajicek v. Bernier

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

CourtDistrict Court of Appeal of Florida

DecidedApril 30, 1963

DocketNo. 62-64

StatusPublished

Cited by1 cases

This text of 152 So. 2d 525 (Zajicek v. Bernier) 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.

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

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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.

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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.

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152 So. 2d 525, 1963 Fla. App. LEXIS 3635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zajicek-v-bernier-fladistctapp-1963.

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