Legal Opinion · Dissent

Abundant Living Citi Church, Inc. v. Abundant Living Ministries, Inc.

District Court of Appeal of Florida

Decided March 8, 2017No. 3D16-2649Published

1DissentWells, Judge

I respectfully dissent. Even accepting the majority’s finding that Abundant Living Citi Church, Inc. was denied due process, I would nevertheless affirm what amounted to entry of dismissal with prejudice of appellant’s counter-claims for specific performance, and breach, of an oral contract for the sale of real property, as I find that appellant has not alleged and cannot prove the existence of a valid, oral contract in this matter. See de Vaux v. Westwood Baptist Church, 953 So.2d 677, 682 (Fla. 1st DCA 2007) (“[W]e affirm the order of dismissal because the complaint wholly fails to state a…

2Cases cited17 opinions

  1. Socarras v. Claughton Hotels, Inc.District Court of Appeal of Florida · 1979
  2. De Vaux v. Westwood Baptist ChurchDistrict Court of Appeal of Florida · 2007
  3. Jacksonville Port v. Wr JohnsonDistrict Court of Appeal of Florida · 1993
  4. Muniz v. Crystal Lake Project, LLCDistrict Court of Appeal of Florida · 2006
  5. Fox v. Sails at Laguna Club Dev. Corp.District Court of Appeal of Florida · 1981

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