THOMAS V. KEARNS, JR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARGARET JEDLICKA, APPELLANT/CROSS-APPELLEE,
v.
MARIE VAHEY, APPELLEE/CROSS-APPELLANT

Fla. 4th DCA | 1983-01-05
No. 81-1985
BERANEK and WALDEN, JJ., and OWEN, WILLIAM G, Jr. (Retired), Associate Judge, concur;
424 So. 2d 185 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered this appeal on the merits, it is hereby dismissed by virtue of appellant’s having accepted the benefits of the final judgment. See, McMullen v. Fort Pierce Financing and Construction Company, 146 So. 567 (Fla.1933). The cross-appeal has also been considered and found to be without merit. The judgment is thus affirmed.

AFFIRMED.

BERANEK and WALDEN, JJ., and OWEN, WILLIAM G, Jr. (Retired), Associate Judge, concur;


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gafoor Jaffer and Nina Jaffer v. Chase Home Fin., LLC, 155 So. 3d 1199 (Fla. 4th DCA 2015)
    …the complaint as an exhibit showing no indorsements or allonges, as a matter of law, the complaint does not allege a cause of action with Chase as the holder of the note because the exhibit negates the allegation. Greenwald v. Triple D Props., Inc., 424 So. 2d 185, 187 (Fla. 4th DCA 1983) (affirming dismissal of complaint with prejudice where the clear, unconditional wording of the assignment exhibit attached to the complaint on its face terminated plaintiffs right to foreclose); Richards v. HSBC Bank USA, 91…
  • Riedel v. NCNB Nat'l Bank OF Fla., Inc., 591 So. 2d 1038 (Fla. 1st DCA 1991)
    …n that NCNB engaged in unfair trade practices, Count V. Further, these exhibits refute the allegation of conversion made in Count III. Accordingly, we hold the dismissal of these counts was not erroneous. See, Greenwald v. Triple D Properties, Inc., 424 So. 2d 185 (Fla. 4th DCA 1983); Schweitzer v. Seaman, 383 So. 2d 1175 (Fla. 4th DCA 1980) (where there is an inconsistency between the general allegations of material fact in a complaint and the specific facts revealed by the exhibit, and they have the effect…
  • City OF Hollywood v. Fla. Power & Light Co., 624 So. 2d 285 (Fla. 4th DCA 1993)
    …x exemption against franchise fees. The trial court concluded that the City’s allegations were inconsistent with the court’s interpretation of the terms of the ordinance attached as an exhibit to the complaint. See Greenwald v. Triple D Prop. Inc., 424 So. 2d 185 (Fla. 4th DCA 1983); Harry Pepper & Assoc., Inc. v. Lasseter, 247 So. 2d 736 (Fla.3d DCA), cert. denied, 252 So. 2d 797 (Fla.1971). However, we conclude that the complaint demonstrates that the City is entitled to a declaration of its rights. Cf. Be…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw