Leynes v. Tampa Foundry & Machine Co.
Citations
- 56 Fla. 488
Syllabus
<p>Pleading — Declaration must show cause of action.</p> <p>A declaration in an action at law should, by direct allegation or by fair inference from its direct allegations, contain all the essentials of a cause of action. When negligence is the basis of recovery, the declaration should contain allegations of the negligent act or omission complained of, and also allegations of the injury sustained, and should show that such injury was the proximate result of the negligence alleged. When in such case the declaration shows that the negligence it alleges was not the proximate cause of the injury complained of, a demurrer thereto is properly sustained.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[F]or a declaratory judgment action to proceed, the movant must show that an actual and justiciable controversy exists involving the specific rights of the parties.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cockrell, Hooker, Parkhill, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.