Otis v. Wieder

Full title: JOSE BETH OTIS, APPELLANT, v. BERNARD A. WIEDER, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 9, 1966

183 So. 2d 235 (Fla. Dist. Ct. App. 1966)

Opinion

No. 65-410.

February 1, 1966. Rehearing Denied March 9, 1966.

Appeal from Circuit Court for Dade County; Ralph O. Cullen, Judge.

Ungerleider Segor, Miami Beach, for appellant.

Jack Burris, Miami Beach, for appellee.

Before TILLMAN PEARSON, CARROLL and BARKDULL, JJ.

PER CURIAM.

The order of the trial judge dismissing appellant's counterclaim, for failure to state a cause of action, is affirmed upon authority of Raphael v. Koretzky, Fla.App. 1958, 102 So.2d 746. See also Weekley v. Knight, 116 Fla. 721, 156 So. 625 (1934); Suritz v. Kelner, Fla.App. 1963, 155 So.2d 831; Campbell v. Magana, 184 Cal.App.2d 751, 8 Cal.Rptr. 32 (1960); and anno., 45 A.L.R.2d 5.

Appellant's contention that she was deprived of an opportunity to amend her counterclaim is conclusively refuted by the record.

Affirmed.