GERALD STANG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GERALD STANG, APPELLANT,
STATE OF FLORIDA, APPELLEE
426 So. 2d 1186
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Ordered upon mandate of the Supreme Court of Florida issued November 24, 1982, and the opinion issued September 2, 1982, reported at 421 So. 2d 147 (Fla.1982), the decision of this court, 403 So. 2d 542, filed September 2, 1981 is hereby withdrawn. The judgment and sentence of the trial court are hereby reversed with directions for further proceedings in accord with the Supreme Court’s opinion.
LETTS, C.J., and ANSTEAD and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Freitag v. Lakes OF Carriage Hills, Inc., 467 So. 2d 708 (Fla. 4th DCA 1985)…d portion of the agreement, quoted above and throughout other clauses, contemplated a total 20% deposit when the form was printed. However, only $1,000 in deposits was actually received from this buyer; and under the authority of Makris v. Williams, 426 So. 2d 1186 (Fla. 4th DCA 1983); Stewart v. Mehrlust, 409 So. 2d 1085 (Fla. 2d DCA 1982); and Campbell v. Salman, 384 So. 2d 1331 (Fla. 3d DCA 1980), the seller cannot recover a deposit not actually made. The buyer/maker of the note contends there was a “failu…
-
Alvis v. Inv. I, Inc., 504 So. 2d 508 (Fla. 2d DCA 1987)…ry trial that “since no deposit was actually made to be held in escrow, the Plaintiff cannot recover.” Accordingly, judgment was entered in favor of the ap-pellee. A situation similar to that in this case confronted the court in Makris v. Williams, 426 So. 2d 1186 (Fla. 4th DCA 1983). Acknowledging the Stewart v. Mehrlust rule, the court there held that the trial court in that case could reasonably have found there was a representation that $10,000 had already been put into escrow and, thus, those monies had…
-
Manfred Brecker and Ann Brecker v. Furman, 508 So. 2d 514 (Fla. 4th DCA 1987)…unt of One Thousand Dollars ($1,000.00) the trial court specifically relied upon Freitag v. Lakes of Carriage Hills, Inc., 467 So. 2d 708 (Fla. 4th DCA 1985); Brusko v. Circle of Seminole, Inc., 436 So. 2d 399 (Fla. 2d DCA 1983); Makris v. Williams, 426 So. 2d 1186 (Fla. 4th DCA 1983); and Stewart v. Mehrlust, 409 So. 2d 1085 (Fla. 2d DCA 1982). Each of these four cases concerns a default by a Buyer who contracted to purchase real property. However, the default provisions of the contracts in these cases were w…
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
- Stang v. State, 421 So. 2d 147 (Fla. 1982)
- Stang v. State, 403 So. 2d 542 (Fla. 4th DCA 1981)