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Zajicek v. Bernier

District Court of Appeal of Florida, Third District
Apr 30, 1963
152 So. 2d 525 (Fla. Dist. Ct. App. 1963)

Opinion

No. 62-64.

April 30, 1963.

Appeal from Circuit Court, Dade County; Marshall C. Wiseheart, Judge.

William J. Neale, Miami, for appellant.

Copeland, Therrel, Baisden Peterson, Miami Beach, for appellees.

Before CARROLL, BARKDULL and HENDRY, JJ.


The chancellor entered a final order of dismissal without prejudice, of a chancery cause, finding that it appeared that "the plaintiff has an adequate remedy of law". No error on this appeal has been demonstrated in said ruling, except that the matter should have been transferred to the court of appropriate jurisdiction, to wit: the Civil Court of Record in and for Dade County, Florida, pursuant to the provisions of Rule 1.39, Florida Rules of Civil Procedure, 30 F.S.A.

Therefore, so much of the order as dismissed the complaint in chancery is affirmed, with directions to transfer the cause to the Civil Court of Record in and for Dade County, Florida.

Affirmed in part and reversed in part, with directions.


Summaries of

Zajicek v. Bernier

District Court of Appeal of Florida, Third District
Apr 30, 1963
152 So. 2d 525 (Fla. Dist. Ct. App. 1963)
Case details for

Zajicek v. Bernier

Case Details

Full title:EDNA A. ZAJICEK, A WIDOW, APPELLANT, v. LUCIEN A. BERNIER AND ROLANDE D…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 30, 1963

Citations

152 So. 2d 525 (Fla. Dist. Ct. App. 1963)

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