MARTHA GELLER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHELDON GELLER, DECEASED, APPELLANT,
v.
G & G CORPORATION, D/B/A TABLE TALK, AND KENT INSURANCE COMPANY, JOINTLY AND SEVERALLY, APPELLEES
MARTHA GELLER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHELDON GELLER, DECEASED, APPELLANT,
G & G CORPORATION, D/B/A TABLE TALK, AND KENT INSURANCE COMPANY, JOINTLY AND SEVERALLY, APPELLEES
442 So. 2d 1034
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The final order dismissing appellee Kent Insurance Company as a party defendant on the basis of section 627.7262, Florida Statutes (Supp.1982) (the “non-joinder” statute), is reversed, as was a similar order in Kaminsky v. Travelers Indemnity Co., 443 So. 2d 206 (Fla. 3d DCA 1983) upon the authority of VanBibber v. Hartford Accident & Indemnity Insurance Co., 439 So. 2d 880 (Fla.1983), since the incident giving rise to this action was alleged to have occurred prior to October 1,1982, the effective date of the statute.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hialeah, Inc. v. Dade Cnty., 490 So. 2d 998 (Fla. 3d DCA 1986)…ection 697.01, Florida Statutes (1985), an instrument must be construed as a mortgage if, when taken alone or in conjunction with surrounding facts, it appears to have been given for the purpose of securing the payment of money.5 Cinque v. Buscklen, 442 So. 2d 1034 (Fla. 3d DCA 1983); First Mortgage Corp. of Stuart v. deGive, 177 So. 2d 741 (Fla. 2d DCA 1965). We think it clear that the instant agreement was made for the purpose of securing money and therefore must be deemed a mortgage. The city merely holds l…
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Muina v. Cornelia Canning and Judy Dew, 717 So. 2d 550 (Fla. 1st DCA 1998)…h they clearly elected to assert in their complaint — -but were not entitled to possession free of the equitable interest of Muina, including her right of redemption. H. & L. Land Co. v. Warner, 258 So. 2d 293 (Fla. 2d DCA 1972); Cinque v. Buscklen, 442 So. 2d 1034 (Fla. 3d DCA 1983); Hoffman v. Semet, 316 So. 2d 649 (Fla. 4th DCA 1975). Although relying upon the rule of invited error, Appellees also advance several arguments in support of the final judgment. We are unable to agree with these arguments on the…
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City OF Miami v. United States Fid. & Guar., 444 So. 2d 571 (Fla. 3d DCA 1984)…ranty, as a confession of error and, upon the authority of VanBibber v. Hartford Accident and Indemnity Company, 439 So. 2d 880 (Fla.1983); Kaminsky v. Travelers Indemnity Company, 443 So. 2d 206 (Fla. 3d DCA 1983); Geller v. Kent Insurance Company, 442 So. 2d 1034 (Fla. 3d DCA 1983) and Randel v. General Insurance Company, 439 So. 2d 986, 987 (Fla. 3d DCA 1983), reverse the order under review and remand the cause to the trial court with directions to reinstate the [*572] appellee as a party defendant on the a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ara Williams VanBIBBER v. Hartford Accident & Indem. Ins. Co., 439 So. 2d 880 (Fla. 1983)
- Pellini v. Dep't OF Prof'l Reg. & Bd. of Veterinary Med., 443 So. 2d 206 (Fla. 3d DCA 1983)
- Kaminsky v. Travelers Indem. Co., 443 So. 2d 206 (Fla. 3d DCA 1983)