JANET B. ROBERTS, APPELLANT,
v.
SOUTHEASTERN DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, APPELLEE
PER CURIAM.
Plaintiff appeals from an adverse final summary judgment. We affirm the summary judgment but remand for further proceedings pursuant to Hart Properties, Inc. v. Slack, 159 So. 2d 482 (Fla.1963); Forte v. Tripp & Skrip, 339 So. 2d 698 (Fla.3d DCA 1976); and Worrell v. John F. Kennedy Memorial Hospital, Inc., 384 So. 2d 897 (Fla. 4th DCA 1980). The pleadings, depositions, and affidavits in the record on appeal show the presence of an unresolved factual issue as to waiver of certain contractual provisions on the part of the defendant. Amendments to the pleadings should be allowed in accordance with the above authorities.
AFFIRMED AND REMANDED.
BERANEK and HERSEY, JJ., and SCHWARTZ, ALAN R., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Farrell Wahlquist v. The Sch. Bd. OF Liberty Cnty., 423 So. 2d 471 (Fla. 1st DCA 1982)…d the time limits for doing so, is inadequate to “trigger” the commencement of the administrative process. Sterman v. Florida State University Board of Regents, 414 So. 2d 1102 (Fla. 1st DCA 1982). It should be noted that in Dickerson, Inc. v. Rose, 398 So. 2d 922 (Fla. 1st DCA 1981), also relied upon by the Board, the notice to the affected party did state a time limit within which an administrative hearing could be requested. Appellant’s petition for hearing and other relief was filed within 21 days after h…
-
Manasota-88, Inc. v. State, 417 So. 2d 846 (Fla. 1st DCA 1982)…plicable procedural rules of the agency. Thus DER failed to meet the requirements for providing a clear point of entry to Chapter 120 proceedings. Sterman v. The Florida State University, 414 So. 2d 1102 (Fla. 1st DCA 1982); Dickerson, Inc. v. Rose, 398 So. 2d 922 (Fla. 1st DCA 1981). DER’s own rule setting the time for requesting a hearing at fourteen days did not specify what must be included in the contents of the notice sent to an affected person. Rule 28-5.111, Florida Administrative Code. To the extent…
-
Yahya Beheshtitabar v. Fla. State Univ., 432 So. 2d 166 (Fla. 1st DCA 1983)…by agency action may waive his right to a section 120.57 hearing. See United Telephone Co. of Florida v. Mann, 403 So. 2d 962, 967 n. 5 (Fla.1981); Mitchell v. School Board of Leon County, 347 So. 2d 805 (Fla. 1st DCA 1977); Dickerson, Inc. v. Rose, 398 So. 2d 922, 924 (Fla. 1st DCA 1981). The record shows that Beheshtita-bar entered the University during the fall quarter of 1977, when he enrolled in a doctoral program offered by the Department of Economics of the College of Social Sciences. Later, at the end…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Forte v. Tripp & Skrip, 339 So. 2d 698 (Fla. 3d DCA 1976)
- Worrell v. John F. Kennedy Mem'l Hosp., Inc., 384 So. 2d 897 (Fla. 4th DCA 1980)
- Hart Props., Inc. v. Slack, 159 So. 2d 482 (Fla. 3d DCA 1964)