RAY SMITH, APPELLANT,
v.
JACKSONVILLE TERMINAL EMPLOYEES FEDERAL CREDIT UNION, ETC., ET AL., APPELLEES
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The appellate court affirmed the dismissal of a complaint seeking a judicial declaration of rights under an insurance contract, finding that the allegations did not present a justiciable issue and that the cause of action, if any, was at law.
No, the amended complaints were fatally defective and did not allege justiciable issues. The plaintiff's cause of action, if any, is at law on the insurance contract.
“We are constrained to the view that each of the complaints was fatally defective for the reasons set forth in the trial court's order of April 8, 1965.”
Establishes the appellate court's agreement with the trial court's decision to dismiss the complaint.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff appealed a final decree that dismissed his third amended complaint with prejudice. The complaint sought a judicial declaration of rights…
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Plaintiff has appealed a final decree dismissing with prejudice his third amended complaint by which he seeks a judicial declaration of his rights under an insurance contract issued by appellee insurance company to appellee credit union, together with an accounting, injunctive and other relief.
We have carefully considered the original and all amended complaints filed by appellant which were successively dismissed because of their failure to allege grounds entitling plaintiff to the relief prayed. We are constrained to the view that each of the complaints was fatally defective for the reasons set forth in the trial court’s order of April 8, 1965. No justiciable issues be*437'tween plaintiff and defendants are sufficiently alleged, and it affirmatively appears that plaintiff’s cause of action, if any, is •at law on the insurance contract referred to in the complaints, a copy of which is .attached thereto as an exhibit.1 Under the circumstances, the decree appealed is affirmed.
RAWLS, C. J., and WIGGINTON, and CARROLL, DONALD K., JJ., concur.
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Chiron v. Isram Wholesale Tours & Travel Ltd., 519 So. 2d 1102 (Fla. 3d DCA 1988)…6 So. 2d 1321, 1323 (Fla. 4th DCA) (“In the absence of an abuse of discretion, the trial court’s dismissal with prejudice will not be disturbed.”), cert. denied, 362 So. 2d 1051 (Fla.1978); Smith v. Jacksonville Terminal Employees Fed. Credit Union, 193 So. 2d 436, 436-37 (Fla.1st DCA 1967) (dismissal of third amended complaint seeking accounting upheld where “[n]o jus-ticiable issues between plaintiff and defendants are sufficiently alleged, and it affirmatively appears that plaintiff’s cause of action, if a…
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Landrum v. State, 201 So. 2d 555 (Fla. 1967)…Certiorari dismissed without opinion. 193 So. 2d 436.…
Authorities Cited
- Hasle v. Maasbrock, 120 So. 2d 797 (Fla. 3d DCA 1960)