Florida District Courts of Appeal, 1962

Stringfellow v. Breidegam

Stringfellow v. Breidegam
Florida District Courts of Appeal · Decided March 1, 1962 · Hendry, Horton, Pearson, Tillman
138 So. 2d 75; 1962 Fla. App. LEXIS 3390 (Southern Reporter, Second Series)

Stringfellow v. Breidegam

Opinion of the Court

PER CURIAM.

Plaintiff s complaint alleging a conspiracy was dismissed and he appealed. The question presented is whether it stated a cause of action for civil conspiracy. We hold that it did not because the allegations purporting to state a cause of action in conspiracy must be clear, positive and specific. Gair v. Lockhart, Fla.1950, 47 So.2d 826.

The complaint before us sought to imply a conspiracy from the discharge of the plaintiff who was employed for an indefinite term. Such a discharge is not prima facie illegal. Hope v. National Airlines, Fla.App.1957, 99 So.2d 244.

Affirmed.

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