DYNAMIC CABLEVISION OF FLORIDA, INC., MARK H. ELLIS, ERNESTO RODRIGUEZ AND JESUS R. CHECA, APPELLANTS,
v.
LENNAR CORPORATION, APPELLEE

Fla. 3d DCA | 1983-07-05
No. 82-2407
Before NESBITT, BASKIN and FERGUSON, JJ.
434 So. 2d 27 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 2 cases
Topics
Injunctive Relief Declaratory Judgment

Explore caselaw by topic → Browse Injunctive Relief cases and more on FLexlaw

Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

The trial court dismissed with prejudice appellants’ amended complaint for declaratory and injunctive relief without stating the grounds for dismissal. As we stated in Hildebrandt v. Department of Natural Resources, 313 So. 2d 73, 75 (Fla. 3d DCA 1975):

A simple dismissal of this action is an ambiguous and unsatisfactory determination. It operates to leave undecided, rather than to resolve the questions of doubt which are presented with relation to the rights, status and legal or equitable relations of the parties ... in the circumstances reflected in the complaint. Rosenhouse v. 1950 Spring Term Grand Jury, [Fla.1952, 56 So. 2d 445], supra; Plaza Del Prado Con. Assn., Inc. v. GAC Properties, Inc., Fla.App.1974, 295 So. 2d 718, 719.

Reiterating our holding that the Declaratory Judgment Act, Chapter 86, Florida Statutes (1981) requires the trial court to disclose reasons for dismissal, we reverse and remand for further proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brown v. M. David Sims, M.D., 538 So. 2d 901 (Fla. 3d DCA 1989)
    …supreme court held that a neurologist was competent to testify as to matters of a gynecologist’s presurgical standard of medical care. Chenoweth v. Kemp, 396 So. 2d 1122 (Fla.1981). The holding has been followed by this court, Scozari v. Muscarella, 434 So. 2d 27 (Fla. 3d DCA 1983); Fetell v. Drexler, 422 So. 2d 89 (Fla. 3d DCA 1982), and is a settled rule of law in this state, Wright v. Schulte, 441 So. 2d 660 (Fla. 2d DCA 1983), rev. denied, 450 So. 2d 488 (Fla.1984); Mitchell v. Angulo, 416 So. 2d 910 (Fl…
  • Fass v. Coralluzzo, 559 So. 2d 390 (Fla. 3d DCA 1990)
    …, 1152 (Fla. 2d DCA 1987); City of Hialeah v. Rehm, 455 So. 2d 458, 460 (Fla. 3d DCA 1984), rev. denied, 462 So. 2d 1107 (Fla.1985); Wright v. Schulte, 441 So. 2d 660 (Fla. 2d DCA 1983), rev. denied, 450 So. 2d 488 (Fla.1984); Scozari v. Muscarella, 434 So. 2d 27 (Fla. 3d DCA 1983); Reinhart v. Seaboard Coast Line Railway Company, 422 So. 2d 41, 44 (Fla. 2d DCA 1982), rev. denied, 431 So. 2d 988 (Fla.1983); Mitchell v. Angulo, 416 So. 2d 910, 912 (Fla. 5th DCA 1982); compare Johnston v. Penrod Drilling Compa…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw