Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
Area of Law: | Litigation & Procedure |
Keywords: | Pleading multiple causes of action; Consistency |
Jurisdiction: | Florida |
Cited Cases: | 695 So. 2d 927 |
Cited Statutes: | Fla. R. Civ. P. 1.110(g), 1.110(f) |
Date: | 06/01/2000 |
There is no applicable authority that precludes pleading two causes of action, even if inconsistent, in one pleading. Booker, 707 So. 2d at 888. In fact, the rules expressly permit a party to state as many separate claims as that party has in a single pleading, “regardless of consistency.” Fla. R. Civ. P. 1.110(g).
Moreover, only when a claim is “founded upon a separate transaction or occurrence” must it be stated in a separate court and then only “when a separation facilitates clear presentation.” Fla. R. Civ. P. 1.110(f). Otherwise, separate claims though inconsistent with each other or even mutually exclusive may be set forth in a single court. Johnson v. State, Dep’t Health & Rehab. Servs., 695 So. 2d 927, 931 (Fla. 2d Dist. Ct. App. 1997); Mueller, 620 So. 2d at 790.
Whether complaints expressly state the legal conclusion is not significant as ultimate facts, rather than mere legal conclusions, are all that is required. See Townsend, 728 So. 2d at 300.
[…]
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!