OLKAP REALTY CORP., INC., A FLORIDA CORPORATION, APPELLANT,
v.
DADE MEAT PACKING CORP., AND PRIME MEAT PACKERS, INC., A FLORIDA CORPORATION, APPELLEES
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The appellate court affirmed a trial court's decision in a declaratory decree proceeding, but modified the disposition to ensure the case was properly transferred to the law side of the court when an adequate remedy at law was found.
The trial court did not err in finding an adequate remedy at law, but it should have transferred the case to the law side of the court rather than dismissing it.
“An examination of the record [*769] fails to disclose that the chancellor committed any error in the final decree here under review, save and except that in determining (at the time of final hearing) that the appellant had an adequate remedy at law against the appellee, Dade Meat Packing Corp. He should have transferred same to the law side of the court, pursuant to Rule 1.39(a), Florida Rules of Civil Procedure, 30 F.S.A., with appropriate instructions, if deemed necessary, to re-frame the pleadings.”
This quote explains the court's finding that while the trial court correctly identified an adequate remedy at law, it erred in its procedural disposition by dismissing the case instead of transferring it.
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Join FLexlaw to unlock all legal intelligenceThe appellant, plaintiff in the trial court, filed a declaratory decree proceeding. The trial court dismissed the case against one appellee as res jud…
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The appellant, plaintiff in the trial court, seeks review of an adverse final decree in a declaratory decree proceeding, dismissing his cause of action as being res adjudicata as to appellee, Prime Meat Packers, Inc., and dismissing the cause as to the appel-lee, Dade Meat Packing Corp., as it appeared that the appellant had an adequate remedy at law.
The appellant has raised several errors and preserved same for review in his brief.1 An examination of the record *769fails to disclose that the chancellor committed any error in the final decree here under review, save and except that in determining (at the time of final hearing) that the appellant had an adequate remedy at law against the appellee, Dade Meat Packing Corp. He should have transferred same to the law side of the court, pursuant to Rule 1.39(a), Florida Rules of Civil Procedure, 30 F.S.A., with appropriate instructions, if deemed necessary, to re-frame the pleadings. The final decree is hereby affirmed, except as to provide a transfer in accordance with this opinion.
Affirmed, with directions.