CHERYL WESTON, APPELLANT,

v.

ROBERT WESTON, APPELLEE

Citator

Cited By

• Park Adult Residential Facility, Inc. v. DAN Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010)
  …timely obtained the funds and timely arranged for delivery, only to have delivery frustrated (through no fault of the tenant) when the courier walked off the job. In analogous circumstances, this court has granted relief. In Middleton v. Silverman, 430 So. 2d 981 (Fla. 3d DCA 1983), the plaintiff attempted to file a complaint at the Dade County Courthouse on the last day of the statute of limitations. The plaintiff arrived at the courthouse after 2 p.m., only to learn that the courthouse had closed at two o’…
• Morales v. Sperry Rand Corp., 578 So. 2d 1143 (Fla. 4th DCA 1991)
  …tmas season as an excuse for late service. He reasons that the delay was beyond his control and that in any event the appellees were not prejudiced. See Maler v. Baptist Hosp. of Miami, Inc., 532 So. 2d 79 (Fla. 3d DCA 1988); Middleton v. Silverman, 430 So. 2d 981 (Fla. 3d DCA 1983). The appellees assert that the prejudice issue was not specifically argued to the trial court, but argue that prejudice need not be addressed anyway where the plaintiff is not diligent and intentionally delays service. It is undi…
• Williams v. Albertson's, Inc., 879 So. 2d 657 (Fla. 5th DCA 2004)
  …r asserting this doctrine would be that Williams was “in some extraordinary way prevented from asserting [her] rights.” An example of such an extraordinary circumstance preventing someone from asserting his rights occurred in Middleton v. Silverman, 430 So. 2d 981 (Fla. 3d DCA 1983). In that case, the Dade County Courthouse closed due to a civil disturbance in Miami. The appellate court noted that the plaintiff attempted to file within the limitations period but was frustrated in his attempt by the courthouse…

Authorities Cited

• Berlin v. Dawna Michele Berlin, 386 So. 2d 577 (Fla. 3d DCA 1980)
• Studstill v. State, 417 So. 2d 819 (Fla. 4th DCA 1982)
• Malone v. Meadow, 411 So. 2d 263 (Fla. 1st DCA 1982)