Legal Opinion

Rubin v. Beville

District Court of Appeal of Florida

Decided September 19, 1961No. C-46PublishedCited by 6 opinions

1Opinion of the Court

CARROLL, DONALD K., Chief Judge.

In an action for a real estate broker’s commission, the plaintiff has appealed from an order of the Circuit Court for Volusia County dismissing with prejudice his third amended complaint.

As in like cases involving a motion to dismiss a complaint, both trial courts and appellate courts are confined in their consideration to the allegations contained within the four corners of the subject complaint, and hence a detailed analysis of the complaint in question is in order here.

The third amended complaint in the present case is in four counts, the first three being…

2Cases cited1 opinion

  1. Nicholas v. BursleyDistrict Court of Appeal of Florida · 1960

3Cited by6 opinions

  1. Sans Souci v. DIVISION OF FLORIDA LAND, ETC.District Court of Appeal of Florida · 1982
  2. Peeler Insurance & Realty, Inc. v. HarmonCourt of Appeals of North Carolina · 1973
  3. Mark Realty, Inc. v. RognessDistrict Court of Appeal of Florida · 1982
  4. B & B Super Markets, Inc. v. MetzDistrict Court of Appeal of Florida · 1972
  5. Holiday Homes of St. John, Inc. v. LockhartCourt of Appeals for the Third Circuit · 1982

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