Opinion

Anderson v. Brown

  • 13 Fla. L. Weekly 806
  • 524 So. 2d 457
  • 1988 Fla. App. LEXIS 1264
  • 1988 WL 26278
Court
District Court of Appeal of Florida
Filed
Mar 29, 1988
Status
Published
Author
Baskin
On the bench
Baskin, Ferguson, Jorgenson
Cited by
2 cases
Authority
More cited than 80.1%

The opinion

BASKIN, Judge.

Appellants seek reversal of the trial court’s order dismissing their amended complaint based on “misjoinder of parties, both plaintiffs and defendants.” We reverse.

Dismissal of a complaint is not the proper remedy for misjoinder of parties. Fla.R. Civ.P. 1.250(a); see Harrell v. Hess Oil & Chemical Corp., 287 So.2d 291, 294 (Fla.1973); Travelers Express, Inc. v. Acosta, 397 So.2d 733, 737 (Fla. 3d DCA 1981); Cassidy v. Ice Queen Int’l, Co., 390 So.2d 465, 466 (Fla. 3d DCA 1980); Carbonell v. American Int’l Pictures, Inc., 313 So.2d 417 (Fla. 3d DCA 1975); Roberts v. Keystone Trucking, Inc., 259 So.2d 171, 174 (Fla. 4th DCA 1972); Kennedy & Ely Ins., Inc. v. American Employers’ Ins. Co., 179 So.2d 248, 249 (Fla. 3d DCA 1965). The appropriate remedy for misjoinder is severance of the claims. Fla.R.Civ.P. 1.250(a); see Travelers Express, 397 So.2d at 737 . 1

Reversed and remanded for proceedings consistent with this opinion.

. Appellant’s conspiracy-to-defraud claim fails to allege that appellees acted in concert to accomplish their illegal purpose. See Nicholson v. Kellin, 481 So.2d 931, 935 (Fla. 5th DCA 1985). Upon remand, appellants should be given an opportunity to amend this count. See Moudy v. Southland Distrib. Co., 452 So.2d 1045 , 1046 (Fla. 2d DCA 1984).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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