Industrial Medicine Pub. Co. v. Colonial Press of Miami, Inc.
Cases that cite this one
8 later published cases cite this decision.
- Townsend Contracting v. JENSEN CIV. CONST. (Fla. Dist. Ct. App. 1999)
- Nautica International, Inc. v. Intermarine USA, L.P. (United States District Court for the Southern District of Florida 1998)
- Mullray v. Barnett Bank of South Florida, N.A. (Fla. Dist. Ct. App. 1994)
- RAF Financial Corp. v. Resurgens Communications Group, Inc. (United States District Court for the District of Colorado 1991)
- Carole Korn Interiors, Inc. v. Goudie (Fla. Dist. Ct. App. 1990)
- Breakers of Fort Walton Beach Condominiums, Inc. v. ATLANTIC BEACH MGMT., INC. (Fla. Dist. Ct. App. 1989)
- Lawyers' Title Services, Inc. v. Dade Savings & Loan Ass'n (Fla. Dist. Ct. App. 1986)
- Perry v. Cosgrove (Fla. Dist. Ct. App. 1985)
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
INDUSTRIAL MEDICINE PUBLISHING COMPANY, Inc., an Illinois corporation, Appellant,
v.
COLONIAL PRESS OF MIAMI, INC., a Florida corporation, Appellee.
District Court of Appeal of Florida. Third District.
*20 Brunstetter & Popper, Miami, for appellant.
Myers, Heiman & Kaplan and Allen Kornblum, Miami, for appellee.
Before TILLMAN PEARSON, BARKDULL and SWANN, JJ.
PER CURIAM.
This cause is before us on interlocutory appeal from the chancellor's order denying defendant's motion to dismiss the "Supplemental Amended Complaint" and permitting the plaintiff, appellee, to amend the "supplemental amended complaint" by striking the word "supplemental" and adding the word "second." The order also allowed the plaintiff to amend his pleading so that it would designate the alleged contract, upon which suit was brought, as an oral contract.
The appellant contends that the pleading failed to state a cause of action because the plaintiff failed to allege the existence of a contract.
In contract actions, the complaint must allege the execution of the contract, the obligation thereby assumed, and the breach. Cerniglia v. Davison Chemical Co., Fla.App. 1962, 145 So.2d 254. The pleading before us meets that test.
If a defendant has no sure knowledge of the exact oral contract which is allegedly the basis for the plaintiff's cause of action, he may file a motion for a more definite statement. Rule 1.11(e), Florida Rules of Civil Procedure, 30 F.S.A. See Patton v. Carlson, Fla.App. 1961, 132 So.2d 793.
Inasmuch as no error has been shown, the order appealed is affirmed, and the cause is remanded for further proceedings.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.