CITY OF MIAMI BEACH, ETC., ET AL., PETITIONERS,
v.
HARRY B. SMITH AND WILLIAM E. SHOCKETT, RESPONDENTS
CITY OF MIAMI BEACH, ETC., ET AL., PETITIONERS,
HARRY B. SMITH AND WILLIAM E. SHOCKETT, RESPONDENTS
257 So. 2d 561
Florida Supreme Court (1971)
Caution
Cited by 9 cases
Opinion of the Court
Certiorari denied. 251 So.2d 290.
ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
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Nazario Alvarez v. DeAGUIRRE, 395 So. 2d 213 (Fla. 3d DCA 1981)…ts, Turner v. Trade-Mor, Inc., supra, “there is an equally compelling obligation on the court to see to it that the end of all litigation be finally reached.” Brown v. Montgomery Ward & Company, 252 So. 2d 817, 819 (Fla. 1st DCA 1971), cert. denied, 257 So. 2d 561 (Fla.1972). [*217] While we stress that it is not the number of amendments which determines the abuse, it has been held that “[generally three ineffective attempts to state the same cause of action or defense are enough,” Trawick’s Florida Practice…
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Windham v. Fla. Dep't of Transp., 476 So. 2d 735 (Fla. 1st DCA 1985)…national Patrol and Detective Agency, Inc. v. Aetna Casualty & Surety Company, 396 So. 2d 774 (Fla. 1st DCA 1981), aff’d on other grounds, 419 So. 2d 323 (Fla.1982); Brown v. Montgomery Ward & Company, 252 So. 2d 817 (Fla. 1st DCA 1971), cert. den., 257 So. 2d 561 (Fla.1972). . As appellants point out, there are several exceptions to the general rule of non-liability of an employer to third persons for the torts of its independent contractor. One of these occurs where the employer has the right to direct and…
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Feigin v. Hosp. Staffing Servs., Inc., 569 So. 2d 941 (Fla. 4th DCA 1990)…o. 2d 934 (Fla. 4th DCA 1984). Furthermore, the trial court did not abuse its discretion by failing to allow appellant to file a revised fourth amended complaint, Brown v. Montgomery Ward & Co., 252 So. 2d 817, 819 (Fla. 1st DCA 1971), cert. denied, 257 So. 2d 561 (Fla.1972) or by staying appellant’s discovery depositions pending the motion to dismiss hearing. Brown v. Brown, 500 So. 2d 655, 656 (Fla. 1st DCA 1986). Although Tarpon Temporary Sewer Comm., Inc. v. City of Tarpon Springs, 345 So. 2d 407 (Fla. 2d…
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- City OF Miami Beach v. Smith, 251 So. 2d 290 (Fla. 3d DCA 1971)