RICHARD ALDEN DUBOSE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lumbermens Mut. Cas. Co. v. Martin, 399 So. 2d 536 (Fla. 3d DCA 1981)
  …view of the clear and unre-butted testimony that a simple mistake had been made, the policy was properly reformed to change the named insured from Felix Martin to Francisco Martin, Sr., the father of the decedent, Francisco, Jr.; Poland v. Phillips, 371 So. 2d 1053 (Fla.3d DCA 1979); Boston Old Colony Ins. Co. v. Popple, 305 So. 2d 877 (Fla. 1st DCA 1974); see Hanover Ins. Co. v. Publix Market, Inc., 198 So. 2d 346 (Fla. 4th DCA 1967); and (c) Under the applicable pre-.§ 627.4132 law,2 since Francisco, Jr. wa…
• Gonzalez v. Travelers Indem. Co. of R.I., 408 So. 2d 741 (Fla. 3d DCA 1982)
  …does not carry out the intent of the parties or violates such intent, equity will reform the contract. See Vasquez v. Simms, 75 So. 2d 783 (Fla.1954); Royal Insurance Company Limited v. Smith, 158 Fla. 472, 29 So. 2d 244 (1947); Poland v. Phillips, 371 So. 2d 1053 (Fla. 3d DCA 1979); Alexander v. Kirkham, 365 So. 2d 1038 (Fla. 3d DCA 1979); Napoli v. Liberty Mutual Insurance Company, 364 So. 2d 878 (Fla. 4th DCA 1978); Florida Cranes, Inc. v. Florida East Coast Properties, Inc., 324 So. 2d 721 (Fla. 3d DCA 19…
• Brown v. City OF Jacksonville Beach, 789 So. 2d 434 (Fla. 1st DCA 2001)
  …cally plead offset, the Board in its counterclaim asked for a judgment in the amount of the excess pension benefits paid to Brown “offset by any employee contributions made by or on behalf of Brown during that period.” See, e.g., Poland v. Phillips, 371 So. 2d 1053, 1055-56 (Fla. 3d DCA 1979)(is-sue not pled in complaint could be decided where it was presented by the cross-claim). Determining the amount of the offset is merely a matter of mathematics and was not a disputed issue which required evidence at tria…

Authorities Cited

• Silver v. State, 188 So. 2d 300 (Fla. 1966)
• Gillman v. State, 346 So. 2d 586 (Fla. 1st DCA 1977)
• Green v. State, 280 So. 2d 701 (Fla. 4th DCA 1973)