Beckler v. Hoffman

6 Citing cases

  1. Fernandez v. Barry

    973 So. 2d 1240 (Fla. Dist. Ct. App. 2008)   Cited 2 times

    Dismissing an action with prejudice due to defective pleading is not proper unless the plaintiff has been given an opportunity to amend.") (citations omitted). In its dismissal, order the trial court cited Beckler v. Hoffman, 550 So.2d 68, 71 (Fla. 5th DCA 1989), but in that case the appellate court granted a pro se litigant another opportunity to amend after the dismissal of a second amended complaint. While it appears that the amended complaint, like the original complaint, may have contained lengthy narrative allegations, and voluminous and extraneous exhibits, dismissal is the ultimate sanction in the adversarial system and should be reserved for those aggravating circumstances in which a lesser sanction would fail to achieve a just result.

  2. Taviere v. Precision Motor Cars, Inc.

    Case No. 8:09-cv-467-T-TBM (M.D. Fla. Feb. 12, 2010)   Cited 6 times

    B. To state a claim for fraud, Plaintiff must allege that: (1) there was a misrepresentation of a material fact; (2) Defendant knew the falsity of the representation; (3) Defendant made the representation intending that she would rely on it in doing an act desired by the Defendant; and (4) Plaintiff's reliance caused damage. Myers v. Myers, 652 So. 2d 1214, 1215 (Fla. Dist. Ct. App. 1995) (citing Joiner v. McCullers, 28 So. 2d 823 (Fla. 1947)). Allegations are insufficient if they are too general, vague or conclusory. Id. (citing Beckler v. Hoffman, 550 So. 2d 68, 70 (Fla. Dist. Ct. App. 1989)). If the elements are not pled, they may not be inferred from the context of the allegations. Id. at 1215-16 (citing Magner v. Merrill Lynch Realty/MCK, Inc., 585 So. 2d 1040, 1043 (Fla. Dist. Ct. App. 1991)).

  3. Poirier v. The Vills. Senior Hous. I OPCO

    No. 5D2023-2067 (Fla. Dist. Ct. App. Oct. 8, 2024)

    Beckler v. Hoffman, 550 So.2d 68, 70 (Fla. 5th DCA 1989). We have elaborated that "[a]llegations can be made on three levels: (1) a description of the evidence itself, (2) a statement of ultimate facts, or (3) a conclusion of fact or law"; and have explained that "[u]nder [rule 1.110(b)(2)], ultimate facts should be alleged."

  4. Jordan v. Nienhuis

    203 So. 3d 974 (Fla. Dist. Ct. App. 2016)   Cited 12 times

    Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., 157 So.3d 484, 485 (Fla. 5th DCA 2015). However, general, vague and conclusory statements are insufficient to satisfy the requirement that a pleader allege "a short and plain statement of the ultimate facts showing the pleader is entitled to relief...." Fla. R. Civ. P. 1.110(b) ; see Beckler v. Hoffman, 550 So.2d 68, 70 (Fla. 5th DCA 1989)."[F]or there to be governmental tort liability, there must be either an underlying common law or statutory duty of care with respect to the alleged negligent conduct."

  5. Hillcrest Pacific Corp. v. Yamamura

    727 So. 2d 1053 (Fla. Dist. Ct. App. 1999)   Cited 87 times   2 Legal Analyses
    Affirming dismissal of the plaintiffs' case because although the plaintiffs claimed that the defendant misrepresented the sale price of the property, the price was clearly stated in the sale agreement

    To make a prima facie showing of fraud, "[t]hese matters must be alleged with sufficient particularity so that the trial judge in reviewing the ultimate facts alleged may rule as a matter of law whether or not the facts alleged are sufficient as the factual basis for the inferences the pleader seeks to draw and are sufficient to state a cause of action." Beckler v. Hoffman, 550 So.2d 68, 71 (Fla. 5th DCA 1989). Pacific, a sophisticated developer in the business of investing millions of dollars in commercial property, was engaged in an arm's length transaction.

  6. Myers v. Myers

    652 So. 2d 1214 (Fla. Dist. Ct. App. 1995)   Cited 12 times

    Joiner v. McCullers, 158 Fla. 562, 28 So.2d 823 (1947). Allegations contained in a pleading are insufficient if they are too general, vague or conclusory. Beckler v. Hoffman, 550 So.2d 68, 70 (Fla. 5th DCA 1989). Where the elements of a cause of action are not pled, they may not be inferred from the context of the allegations. Magner v. Merrill Lynch Realty/MCK, Inc., 585 So.2d 1040, 1043 (Fla. 4th DCA 1991), rev. denied, 598 So.2d 77 (Fla. 1992).