Stringfellow v. Breidegam

Florida District Courts of Appeal
Stringfellow v. Breidegam, 138 So. 2d 75 (1962)
1962 Fla. App. LEXIS 3390
Hendry, Horton, Pearson, Tillman

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.

Reference

Full Case Name
H. B. STRINGFELLOW v. Delight R. BREIDEGAM, individually, I. J. Luman, individually, and Federal Battery & Cable Mfg. Co., a Florida corporation
Cited By
2 cases
Status
Published