Legal Opinion

Poole v. City of Port Orange

District Court of Appeal of Florida

Decided April 1, 2010No. 5D09-1486PublishedCited by 17 opinions

1Opinion of the CourtEvander, J.

Poole appeals from an order dismissing his second amended complaint against the City of Port Orange (the “City”) and MHK of Volusia County, Inc. (“MHK”) with prejudice. We affirm the trial court’s dismissal of Counts I, III, and IV without discussion, but find that Count II adequately alleged a cause of action against the City for failure to produce public records.

The standard of review for the dismissal of a complaint with prejudice is de novo. Fox v. Prof'l Wrecker Operators of Fla., Inc., 801 So.2d 175, 178 (Fla. 5th DCA 2001). In determining whether a complaint properly states a cause of…

2Cases cited5 opinions

  1. Fox v. Professional Wrecker Operators of Florida, Inc.District Court of Appeal of Florida · 2001
  2. Radford v. BrockDistrict Court of Appeal of Florida · 2005
  3. Town of Manalapan v. RechlerDistrict Court of Appeal of Florida · 1996
  4. Puckett v. GentryDistrict Court of Appeal of Florida · 1991
  5. Shea v. CochranDistrict Court of Appeal of Florida · 1996

3Cited by17 opinions

  1. Deutsche Bank National Trust Co. v. LippiDistrict Court of Appeal of Florida · 2012
  2. Seigler v. BellDistrict Court of Appeal of Florida · 2014
  3. Brown v. StateDistrict Court of Appeal of Florida · 2012
  4. Board of County Commissioners Broward County Florida v. Lori Parrish, Broward County Property AppraiserDistrict Court of Appeal of Florida · 2014
  5. Bennett v. Clerk of Circuit Court Citrus CountyDistrict Court of Appeal of Florida · 2014

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