Legal Opinion

Staples v. Battisti

District Court of Appeal of Florida

Decided June 7, 1966No. 65-570PublishedCited by 6 opinions

1Per curiam

By this appeal, Douglas E. Staples, plaintiff below, [hereafter Staples], seeks review of an order on motions to dismiss and final decree, which dismissed his second amended complaint on the following grounds: “1. Plaintiff’s Second Amended Complaint is in violation of Section 731.-101 Florida Statutes [F.S.A.]. 2. By estoppel, for the reason that the plaintiff seeks to have the Final Decree of Divorce set aside even though he has accepted certain benefits from the decree and wherein he admits to an allegation of fraud that was perpetrated upon this Court to which he was a party.”

The second…

2Cases cited3 opinions

  1. Quinn v. PhippsSupreme Court of Florida · 1927
  2. Carson v. City of Fort LauderdaleDistrict Court of Appeal of Florida · 1963
  3. Whitfield v. WhitfieldDistrict Court of Appeal of Florida · 1964

3Cited by6 opinions

  1. Charles W. Battisti v. Continental Casualty CompanyCourt of Appeals for the Fifth Circuit · 1969
  2. Weinstein v. AisenbergDistrict Court of Appeal of Florida · 2000
  3. Palmland Villas I Condominium v. TaylorDistrict Court of Appeal of Florida · 1980
  4. Garner v. PearsonDistrict Court, M.D. Florida · 1982
  5. Martin v. Eastern Airlines, Inc.District Court of Appeal of Florida · 1994

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