CRAVERO HOME BUILDING COMPANY, INC., JAC CONSTRUCTION CORPORATION, JILL CONSTRUCTION CORPORATION, WORLD CONSTRUCTION CORPORATION, BELMAR CONSTRUCTION CORPORATION, AZTEC CONSTRUCTION CORPORATION, MEADOWBROOK GAS COMPANY, INC., CARI CONSTRUCTION CORPORATION, MEADOWBROOK CONSTRUCTION CORPORATION, FIRST G. C. GROUP SALES COMPANY, INC., ALL FLORIDA CORPORATIONS, AND GEORGE CRAVERO, JR., AND DENNIS CRAVERO, APPELLANTS,

v.

SAMUEL JAFFE, INDIVIDUALLY AND AS A STOCKHOLDER IN AND FOR AND ON BEHALF OF CRAVERO HOME BUILDING COMPANY, INC., JAC CONSTRUCTION CORPORATION, JILL CONSTRUCTION CORPORATION, WORLD CONSTRUCTION CORPORATION, BELMAR CONSTRUCTION CORPORATION, AZTEC CONSTRUCTION CORPORATION, ALL FLORIDA CORPORATIONS, APPELLEES

Fla. 3d DCA | 1962-06-19

No. 62-61

Before PEARSON, TILLMAN, C. J., and CARROLL and BARKDULL, JJ.

142 So. 2d 342 Florida District Court of Appeal, Third District (1962) Positive Treatment

Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The court held that the trial court's order denying the defendants' motion to dismiss should be affirmed.

Facts & Procedural History

Defendants appealed the trial court's order denying their motion to dismiss the plaintiffs' complaint.…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

Presumption Of Correctness Of Trial Court Orders Trial Court Orders Failure To State A Cause Of Action Presumption Of Correctness

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Opinion of the Court

PEARSON, TILLMAN, Chief Judge.

By this interlocutory appeal the defendants question the trial court’s order denying their motion to dismiss plaintiffs’ complaint. By way of introduction it should be pointed out that all orders come to this court with a presumption of their correctness. City of West Palm Beach v. Ryder, 73 Fla. 558, 74 So. 603. State v. Town of Sweetwater, Fla.1959, 112 So.2d 852.

This principle is especially strong when applied to an interlocutory appeal from an order denying a motion to dismiss where the progress of the cause is delayed pending a review of the trial judge’s decision. Further, the importance of the decision seldom justifies the delay necessary for an exhaustive opinion.

For an appellate court to reverse the decision of a trial judge denying a defendant’s motion to dismiss an adversary’s complaint, it must clearly appear that the pleading entirely fails to state a cause of action. Regan v. Davis, Fla.App. 1957, 97 So.2d 324. Such is in accordance with the spirit of the 1954 Florida Rules of Civil Procedure.

Having applied these principles to the interlocutory order appealed, we hold that the order denying the defendants’ motion to dismiss should be affirmed.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Cushen v. Cushen, 143 So. 2d 536 (Fla. 3d DCA 1962)

…petition here) is sufficient to state a cause of action. The petition informed the respondent of the nature of the cause of action, and no> prejudice having been demonstrated we affirm. See also Cravero Home Building Company v. Jaffe, Fla.App.1962, 142 So. 2d 342, opinion not yet reported. Affirmed.…
LaFRANCE Cleaners & Dyers, Inc. v. Argenio, 147 So. 2d 330 (Fla. 3d DCA 1962)

…So. 2d 268, 269. . Johnson v. Roberts, Fla.1955, 79 So. 2d 425; First Atlantic National Bank of Daytona Beach v. Cobbett, supra, note 1; State v. Town of Sweetwater, Fla. 1959, 112 So. 2d 852; Cravero Home Building Company v. Jaffie, Fla.App.1962, 142 So. 2d 342.…

Authorities Cited

Regan v. Davis, 97 So. 2d 324 (Fla. 2d DCA 1957)
State v. Town OF Sweetwater, 112 So. 2d 852 (Fla. 1959)
City of W. Palm Beach v. Ryder, 73 Fla. 558 (Fla. 1917)

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