Florida District Courts of Appeal, 1967

Falb v. Miami National Bank

Falb v. Miami National Bank
Florida District Courts of Appeal · Decided August 15, 1967 · Harold, Hendry, Pearson, Spaet
201 So. 2d 593 (Southern Reporter, Second Series)

Falb v. Miami National Bank

Opinion of the Court

PER CURIAM.

This appeal is by the plaintiff from a summary final judgment for one of the defendants. The complaint sought to bind the appellee as a joint tortfeasor under a loose allegation that the two defendants acted in concert. The appellee was not alleged to have been the active tortfeasor.

The complaint failed to state a cause of action and summary final judgment was properly entered when the depositions and affidavits effectively negated joint action by the defendants. See Standard Phosphate Co. v. Lunn, 66 Fla. 220, 63 So. 429 (1913); Gulf Refining Co. v. Wilkinson, 94 Fla. 664, 114 So. 503, 506 (1927); Weaver v. Worley, Fla.App.1961, 134 So.2d 272.

Affirmed.

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