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· 1/5/1961

McCollum v. Florida Power & Light Co.

Citations

  • 125 So. 2d 754
  • 1961 Fla. App. LEXIS 3081

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding plaintiff’s failure to object to defendant’s improper assertion of statutory immunity via preliminary objections waived procedural default on appeal
  • the failure of opposing party to file preliminary objections to defective preliminary objections which erroneously raised substantive defenses waives any procedural defect and allows trial court to rule on the preliminary objections
  • “If … a party raises the defense of immunity from suit via preliminary objections and the opposing party does not object, then the court can decide the issue of immunity from suit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carroll, Chas, Horton, Pearson

Read full opinion on CourtListener

Sourced 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.