JAMES T. ROBINSON AND MONTE W. GREEN, APPELLANTS,
v.
PETER FREDERICK WRIGHT, AS UNDERWRITER AT LLOYDS OF LONDON, AND ALL OTHER UNDERWRITERS AT LLOYDS OF LONDON, NEILL LINDSAY INSURANCE AGENCY, APPELLEES

Fla. 3d DCA | 1982-12-28
No. 81-2576
Before SCHWARTZ, BASKIN and FERGUSON, JJ.
425 So. 2d 589 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 18 cases
Opinion of the Court
FERGUSON, Judge.

FERGUSON, Judge.

A written contract will not be reformed on the basis of a unilateral mistake absent clear and convincing proof of fraud or inequitable conduct by the other side. Camichos v. Diana Stores Corp., 157 Fla. 349, 25 So. 2d 864 (1946); Hopkins v. Mills, 116 Fla. 550, 156 So. 532 (1934). Where no evidence was presented in a non-jury trial to establish a prima facie case, it was proper to grant defendant’s motion, made at the conclusion of the plaintiff’s case, for involuntary dismissal pursuant to Florida Rules of Civil Procedure 1.420(b). Tillman v. Baskin, 260 So. 2d 509 (Fla.1972).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (18 total)

  • Edwards v. State, 428 So. 2d 357 (Fla. 3d DCA 1983)
    …onted with a rash of such arguments over the past year. Counsel have been consistently admonished, and the arguments have been condemned as unfair, intemperate, and unethical. See Williams v. State, 425 So. 2d 591 (Fla. 3d DCA 1982); Hines v. State, 425 So. 2d 589 (Fla. 3d DCA 1982); Jackson v. State, 421 So. 2d 15 (Fla. 3d DCA 1982); Chapman v. State, 417 So. 2d 1028 (Fla. 3d DCA 1982); Gomez v. State, 415 So. 2d 822 (Fla. 3d DCA 1982); Harris v. State, 414 So. 2d 557 (Fla. 3d DCA 1982); Harper v. State; McM…
  • Bass v. State, 547 So. 2d 680 (Fla. 1st DCA 1989)
    …o the jury to convict the defendant for a reason other than his guilt of the crimes charged. Such comments have been held to constitute reversible error in a long line of cases. See Ryan v. State, 457 So. 2d 1084 (Fla. 4th DCA 1984); Hines v. State, 425 So. 2d 589 (Fla. 3rd DCA 1982); Boatwright v. State, 452 So. 2d 666 (Fla. 4th DCA 1984); Redish v. State, 525 So. 2d 928 (Fla. 1st DCA 1988). We are, of course, aware that wide latitude is accorded a prosecutor during closing argument and that the control of…
  • Williams v. State, 425 So. 2d 591 (Fla. 3d DCA 1982)
    …was convicted of the armed robbery of a supermarket. In treating his sole point on appeal, we once more find, as we have recently with wearying repetitiveness, see Jackson v. State, 421 So. 2d 15 (Fla. 3d DCA 1982), and cases cited; Hines v. State, 425 So. 2d 589 (Fla. 3d DCA 1982), that the prosecutor’s final argument was infected with error. Statements like the one made below — which was exacerbated by being substantially repeated with the apparent approval of the trial court — -that if Williams were found…

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