J. E. MCCLUSKEY AND HARRY G. MAY, APPELLANT,
v.
NANCY KELLEY WITTENBERG, SECRETARY OF THE FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION, APPELLEE
J. E. MCCLUSKEY AND HARRY G. MAY, APPELLANT,
NANCY KELLEY WITTENBERG, SECRETARY OF THE FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION, APPELLEE
400 So. 2d 1031
Florida District Court of Appeal, Fifth District (1981)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
On the basis of Starchk v. Wittenberg, 392 So. 2d 1007 (Fla. 5th DCA 1981), the order denying dismissal of the petition is reversed, the injunction is dissolved, and the petition is dismissed.
ORFINGER, COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Jockey Club, Inc. v. Bleemer, 413 So. 2d 433 (Fla. 3d DCA 1982)…. Moreover, since the amount of interest is itself a liquidated, mathematically calculable sum, a retrial is not required to correct the error which may be remedied simply by adding the appropriate amount to the judgment.1 Broward County v. Sattler, 400 So. 2d 1031 (Fla. 4th DCA 1981); see also, Electron Tubes International, Inc. v. Shell Containers, Inc., (N.Y.), 410 So. 2d 660 (Fla.3d DCA 1982); Cantor v. Drapkin, 251 So. 2d 542 (Fla.3d DCA 1971); see generally, Annot. — Power of Court to Add Interest to Ver…
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Hurley v. Slingerland, 480 So. 2d 104 (Fla. 4th DCA 1985)…er, 433 So. 2d 539 (Fla. 3d DCA 1983). Under this test, a distinction is made between contesting the right to damages and contesting the amount, the claim being liquidated in the former case and unliquidated in the latter. Broward County v. Sattler, 400 So. 2d 1031 (Fla. 4th DCA 1981). The second test, espoused in recent years by the first district, purports to “[eliminate] the unwarranted disparate treatment of those litigants who contest liability only, and those who contest the measure of damages.” Bergen…
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Dade Cnty. v. Am. Re-Insurance Co., 467 So. 2d 414 (Fla. 3d DCA 1985)…on a claim against it. See Florida Livestock Board v. Gladden, 86 So. 2d 812 (Fla.1956); Treadway v. Terrell, 117 Fla. 838, 158 So. 512 (1935); Brooks v. School Board of Brevard County, 419 So. 2d 659 (Fla. 5th DCA 1982); Broward County v. Sattler, 400 So. 2d 1031 (Fla. 4th DCA 1981). This is true even though the payment of interest by the state is not expressly provided for by statute or in the contract. Treadway; Sattler. Dade does not dispute that it can be sued on the contract. Where, as here, allowance o…
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- Starchk v. Wittenberg, 392 So. 2d 1007 (Fla. 5th DCA 1981)