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Fox v. Harris

District Court of Appeal of Florida, First District
Dec 8, 2000
773 So. 2d 107 (Fla. Dist. Ct. App. 2000)

Summary

holding appellant may not seek leave to amend a complaint from an appellate court without first moving to amend in the trial court

Summary of this case from Smurfit-Stone v. Zion Jacksonville

Opinion

No. 1D00-4798.

Opinion filed December 8, 2000.

An appeal from an order of the Circuit Court for Leon County, L. Ralph Smith, Jr., Judge.

Calvin David Fox, Fort Lauderdale, pro se, for appellant.

No appearance for appellee.


In one of the numerous cases spawned by the controversy surrounding the 2000 presidential election, Calvin David Fox appeals an order of the circuit court dismissing his complaint for failure to state a cause of action. In his initial brief, Fox does not establish any reversible error in the circuit court's conclusion in this regard, nor is any such error apparent to us from a review of the record. We reject Fox's claim that reversal is warranted because the circuit court did not grant him leave to amend, since he fails to show that he asked for and was denied the opportunity to amend his complaint. See Century 21 Admiral's Port, Inc. v. Walker, 471 So.2d 544 (Fla. 3d DCA 1985); Davis v. Sun First National Bank of Orlando, 408 So.2d 608 (Fla. 5th DCA 1982).

Because the initial brief establishes no preliminary basis for reversal of the circuit court's order, we summarily affirm that order pursuant to Florida Rule of Appellate Procedure 9.315(a). No motion for rehearing will be entertained by the court, and the clerk is directed to issue mandate forthwith.

AFFIRMED.

LAWRENCE, DAVIS and VAN NORTWICK, JJ., concur.


Summaries of

Fox v. Harris

District Court of Appeal of Florida, First District
Dec 8, 2000
773 So. 2d 107 (Fla. Dist. Ct. App. 2000)

holding appellant may not seek leave to amend a complaint from an appellate court without first moving to amend in the trial court

Summary of this case from Smurfit-Stone v. Zion Jacksonville

holding that where an appellant fails to show that he asked for and was denied leave to amend below, he may not request reversal for leave to amend from this court

Summary of this case from Watson v. State
Case details for

Fox v. Harris

Case Details

Full title:CALVIN DAVID FOX, Appellant, v. KATHERINE HARRIS, Secretary of State…

Court:District Court of Appeal of Florida, First District

Date published: Dec 8, 2000

Citations

773 So. 2d 107 (Fla. Dist. Ct. App. 2000)

Citing Cases

Watson v. State

A parallel civil rule has been employed by this court. See Fox v. Harris, 773 So.2d 107 (Fla. 1st DCA 2000)…

Smurfit-Stone v. Zion Jacksonville

We affirm the dismissal of the second count because Smurfit did not properly plead all the necessary elements…