CECIL A. MOORE, APPELLANT,
v.
HUGH F. PURVIS ET AL., APPELLEES

Fla. 3d DCA | 1967-01-10
No. 66-231
Before PEARSON and CARROLL, JJ., and LOPEZ, AQUILINO, Jr., Associate Judge.
194 So. 2d 67 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of a final judgment dismissing his amended complaint. The complaint was in three counts. Counts one and two urged a breach of contract and negligent performance of contract, respectively. The order of dismissal must be affirmed as to these counts upon the rule stated in Sickler v. Indian River Abstract & Guaranty Co., 142 Fla. 528, 195 So. 195 (1940). Appellant’s count three charges fraud, but no facts to support fraud were alleged. See Rule 1.9(b), Fla.R.Civ.P., 30 F.S.A. The allegations were entirely by the conclusion of the pleader.

Appellant’s second point, which urges that he should have been allowed to file another amended complaint, is without merit. See Matson v. Tip Top Grocery Co., 151 Fla. 247, 9 So.2d 366, 368 (1942).

Affirmed.


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  • Certified Invs., Inc. v. Dadeland Nat'l Bank, 378 So. 2d 1299 (Fla. 3d DCA 1979)
    …PER CURIAM. Affirmed. See, Fleming v. Otis Elevator, 107 Fla. 557, 145 So. 201 (1933); Buckley Tower Condominium, Inc. v. Buchwald, 340 So. 2d 1206 (Fla. 3d DCA 1977), cert. den. 348 So. 2d 945 (Fla.1977); Moore v. Purvis, 194 So. 2d 67 (Fla. 3d DCA 1967); Scocozzo v. General Development, 191 So. 2d 572 (Fla. 4th DCA 1966).…

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