TONYA KAY AUTRY, APPELLANT,
v.
JULIA JEAN STOKES AND THE STOKES FOUNDATION, INC., APPELLEES

Fla. 3d DCA | 1968-09-10
No. 67-1075
Before CHARLES CARROLL, C. J., and HENDRY and SWANN, JJ.
213 So. 2d 743 Florida District Court of Appeal, Third District (1968)

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Synopsis

This case involves an appeal from a dismissal of a complaint where the plaintiff alleged a right to receive funds from a foundation for herself and her organization. The appellate court affirmed the dismissal, finding no legal obligation for the foundation to provide funds.


Holding

No, the trial court did not err in dismissing the complaint because it did not establish any contractual or other legal obligation of the defendants to the plaintiff.


Key Quotes

“the complaint did not present any contractual or other legal obligation of the defendants to plaintiff.”

establishes the core reason for affirming the dismissal.

Facts & Procedural History

The appellant, Tonya Kay Autry, president of Animal Haven, Inc., sued the Stokes Foundation and its president, alleging repeated requests for money fo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant Tonya Kay Autry filed an action in the circuit court of Dade County, Florida, against The Stokes Foundation, Inc., a Florida corporation, and its president Julia Jean Stokes. The plaintiff alleged she was the president of Animal Haven, Inc., a North Carolina corporation devoted to animal welfare; that repeated requests by her to Stokes Foundation for money “for herself and to be used for Animal Haven, Inc.” had been refused, and that Animal Haven, Inc. is a proper subject to receive funds from the Stokes Foundation in that its activities come within the purposes and objects for which donations are made by the foundation. On defendants’ motion, the trial court dismissed the complaint with leave to amend. No amendment was filed, and the plaintiff appealed.

We have considered the written arguments presented on the appeal, and conclude that the trial court was not in error in *744dismissing the cause, in that the complaint did not present any contractual or other legal obligation of the defendants to plaintiff.

Affirmed.


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