Legal Opinion

Kittel v. Simmonite

District Court of Appeal of Florida

Decided April 23, 1963No. 62-567PublishedCited by 2 opinions

1Opinion of the Court

CARROLL, Judge.

This is an appeal by the plaintiff from an order dismissing his amended complaint in a law action brought in the circuit court in Dade County. The determinative question is whether the amended complaint stated a cause of action. We hold that it did, and reverse the judgment of dismissal on authority of Dacus v. Blackwell, Fla. 1956, 90 So.2d 324.

Plaintiff and defendant were entitled to share equally in an estate. Defendant was the administrator and also legal adviser of the plaintiff. Acting on advice from the defendant which he charges was improperly given, plaintiff agreed to…

2Cases cited5 opinions

  1. Gerlach v. DonnellySupreme Court of Florida · 1957
  2. Dacus v. BlackwellSupreme Court of Florida · 1956
  3. First Nat. Bank of Colorado Springs v. McGuire (Two Cases)Court of Appeals for the First Circuit · 1950
  4. Deal v. MigoskiDistrict Court of Appeal of Florida · 1960
  5. Durrance v. UnderhillSupreme Court of Florida · 1944

3Cited by2 opinions

  1. Van Dusen v. Southeast First Nat. BankDistrict Court of Appeal of Florida · 1985
  2. Fraser v. SOUTHEAST FIRST BANK, ETC.District Court of Appeal of Florida · 1982

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