Nealy v. City of West Palm Beach, 442 So. 2d 273 (Fla. 1st DCA 1983). · Go Syfert
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Nealy v. City of West Palm Beach, 442 So. 2d 273 (Fla. 1st DCA 1983). Cases Citing This Book View Copy Cite
“it would be necessary to state with particularity the facts which purportedly created the duty that was breached, so that the court could determine as a matter of law whether there was such a duty”
23 citation events (5 in the last 25 years) across 7 distinct courts.
Strongest positive: Myers v. Provident Life and Accident Insurance Company (flmd, 2023-01-20)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Myers v. Provident Life and Accident Insurance Company
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
t would be necessary to state with particularity the facts which purportedly created the duty that was breached, so that the court could determine as a matter of law whether there was such a duty.
discussed Cited as authority (verbatim quote) Wilson v. Eyerbank, N.A.
S.D. Fla. · 2015 · quote attribution · 1 verbatim quote · confidence high
it would be necessary to state with particularity the facts which purportedly created the duty that was breached, so that the court could determine as a matter of law whether there was such a duty
cited Cited as authority (rule) Girgis v. Countrywide Home Loans, Inc.
N.D. Ohio · 2010 · confidence medium
Moreover, “facts supporting a claim for breach of fiduciary duty must be pled with particularity.” Sussman, 2007 WL 908280 at *4 (citing Parker v. Gordon, 442 So.2d 273, 275 (Fla.Dist.Ct.App.1983)).
cited Cited as authority (rule) Keszenheimer v. Boyd
Miss. Ct. App. · 2004 · confidence medium
Parker v. Gordon, 442 So.2d 273, 275 (Fla.App.1983); See also 61A Am.Jur.2d Pleading § 18.
cited Cited as authority (rule) Wilbourn v. Stennett, Wilkinson & Ward
Miss. · 1996 · confidence medium
Parker v. Gordon, 442 So.2d 273, 275 (Fla.App. 1983); See also 61A Am.Jur.2d Pleading § 18.
cited Cited as authority (rule) Oak Casualty Insurance Co. v. Horne
Fla. Dist. Ct. App. · 1995 · confidence medium
See Fla.R.Civ.P. 1.420(e); Parker v. Gordon, 442 So.2d 273, 275 (Fla. 4th DCA 1983).
discussed Cited as authority (rule) Arky, Freed v. Bowmar Instrument
Fla. Dist. Ct. App. · 1987 · confidence medium
As this court declared in Kartikes v. Demos, 214 So.2d 86, 87 (Fla. 3d DCA 1968), "[w]e expressly reject [the plaintiff's] proposition that the allegations of a complaint against an attorney for malpractice need contain only legal conclusions rather than ultimate facts, as in certain types of automobile negligence actions." Accord Parker v. Gordon, 442 So.2d 273 *213 (Fla. 4th DCA 1983); Dillard Smith Construction Co. v. Greene, 337 So.2d 841 (Fla. 1st DCA 1976).
discussed Cited as authority (rule) Gant v. TALLAHASSEE MEM. REGIONAL MEDICAL CENTER
Fla. Dist. Ct. App. · 1986 · confidence medium
Record activity, even on the 365th day, will suffice to defeat a later motion to dismiss for failure to prosecute, Parker v. Gordon, 442 So.2d 273, 275 (Fla. 4th DCA 1983), but not all types of record activity will defeat such a motion.
discussed Cited as authority (rule) PENINSULAR FLA. DIST. COUNCIL v. Pan Am. Inv. and Dev. Corp.
Fla. Dist. Ct. App. · 1984 · signal: cf. · confidence medium
Cf. Parker v. Gordon, 442 So.2d 273 *1233 (Fla. 4th DCA 1983); Midway Shopping Mall, Inc. v. Airtech Air Conditioning, Inc., 253 So.2d 900 (Fla. 3d DCA 1971); General Dynamics Corp. v. Hewitt, 225 So.2d 561 (Fla. 3d DCA 1969).
cited Cited "see" Miller v. McDonald (In Re World Health Alternatives, Inc.)
Bankr. D. Del. · 2008 · signal: see · confidence high
See Parker v. Gordon, 442 So.2d 273, 275 (Fla. 4th DCA, 1983).
cited Cited "see" Sun-Island Realty, Inc. v. Federal Deposit Insurance Corp.
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Parker v. Gordon, 442 So.2d 273, 275 (Fla. 4th DCA 1983); Applegate v. Barnett Bank, 377 So.2d 1150, 1152 (Fla.1980).
cited Cited "see" Home Equity Mortgage Corp. v. Sprechman
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See Parker v. Gordon, 442 So.2d 273, 276 (Fla. 4th DCA 1983).
discussed Cited "see, e.g." Dellecese v. Value Rent a Car
Fla. Dist. Ct. App. · 1989 · signal: see also · confidence low
See Brickell Bay Club Condominium Association, Inc. v. Forte, 379 So.2d 1334 (Fla. 3d DCA 1980); see also Nealy v. City of West Palm Beach, 442 So.2d 273 (Fla. 1st DCA 1983) (refusing to consider appellee's attack on workers' compensation order raised for the first time in the answer brief where no notice of cross appeal had been filed).
Retrieving the full opinion text from the archive…
Lanoris NEALY, Appellant,
v.
CITY OF WEST PALM BEACH and Crawford & Company, Appellees.
AQ-238.
District Court of Appeal of Florida, First District.
Nov 23, 1983.
442 So. 2d 273
Per Curiam.
Cited by 6 opinions  |  Published

Timothy H. Kenney of Kenney, Boswell & Kaufman, West Palm Beach, for appellant.

William P. Doney, Palm Beach, for appellees.

PER CURIAM.

The deputy commissioner's order is supported by competent substantial evidence except as to the award of temporary partial disability benefits. As to such award, the deputy applied the formula under the 1979 version of Section 440.15(4)(a), Florida Statutes. Instead, as appellees concede, the deputy should have relied upon Section 440.15(4), Florida Statutes (1977), the subject accident having occurred on July 31, 1977. We note also that appellees have, in their answer brief, attacked the deputy's order awarding temporary partial disability on the grounds that appellant's work search was inadequate and, thus, the award of any temporary partial disability benefits was error. That issue has not been properly raised as appellees have failed to cross-appeal. See Fla.W.C.R.P. 16(d).

The order is AFFIRMED except as to the award of temporary partial disability, and the cause is REMANDED for redetermination of such temporary partial disability benefits by utilizing the provisions of Section 440.15(4), Florida Statutes (1977).

WENTWORTH, NIMMONS and ZEHMER, JJ., concur.