WILLIE LEE BURGESS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ronette Commc'ns Corp. v. Pasquale Lopez, 475 So. 2d 1360 (Fla. 5th DCA 1985)
  …ntary payment of a judgment renders the case moot and precludes appeal while an involuntary payment does not. In any event, however, we conclude that appellant’s payment in the instant case was involuntary. In Slater v. Breakwater Homes Association, 413 So. 2d 148 (Fla. 4th DCA 1982), the court stated that appellant’s payment of a judgment awarding attorney fees to avoid execution did not terminate her right to appeal. In the present case, we have no difficulty concluding that appellant likewise did not lose…
• Grant v. Wester, 679 So. 2d 1301 (Fla. 1st DCA 1996)
  …of the judgment adverse to him. The Westers, appellees in the main appeal, made payment under the immediate "threat of execution.” Frank Silvestri Invs., Inc. v. Sullivan, 486 So. 2d 20, 21 (Fla. 5th DCA 1986). See Slater v. Breakwater Homes Ass’n, 413 So. 2d 148 (Fla. 4th DCA 1982); Reserve Ins. Co. v. McPeak, 181 So. 2d 662 (Fla. 1st DCA 1966). As cross appellants, they rely only on argument that would be available to them as appellees, in any event. . "It is equally true ... that a landowner who successf…
• Frank Silvestri Invs., Inc. v. Sullivan, 486 So. 2d 20 (Fla. 5th DCA 1986)
  …39 A.L.R.2d 153, 160 § 5(b); Koerner and Lambert, a Professional Law Corp. v. Allstate Insurance Company, 363 So. 2d 546 (La.App.1978); Freeman v. Wintroath Pumps, Etc., 13 Ariz.App. 182, 475 P. 2d 274 (1970); Slate v. Breakwater Homes Association, 413 So. 2d 148 (Fla. 4th DCA 1982), their reasoning is based on the ever-present threat of execution. See, e.g., Freeman, supra. However, where a stay has been issued the payment is voluntary. Bull v. Doss Brothers, Culp v. Sandoval, supra. In the instant case, t…

Authorities Cited

• Ferby v. State, 404 So. 2d 407 (Fla. 5th DCA 1981)