Florida District Courts of Appeal, 1963

Zajicek v. Bernier

Florida District Courts of Appeal · Decided April 30, 1963 · Barkdull, Carroll, Hendry

152 So. 2d 525; 1963 Fla. App. LEXIS 3635 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Venice East, Inc. v. Manno (Fla. Dist. Ct. App. 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

*526Therefore, 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.

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