KINGSWAY CONDOMINIUM APTS. NO. 1, INC., A FLORIDA CORPORATION, ET AL., APPELLANTS,
v.
KINGSWAY BUILDERS, INC., A FLORIDA CORPORATION, APPELLEE
KINGSWAY CONDOMINIUM APTS. NO. 1, INC., A FLORIDA CORPORATION, ET AL., APPELLANTS,
KINGSWAY BUILDERS, INC., A FLORIDA CORPORATION, APPELLEE
443 So. 2d 398
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 19 cases
Opinion of the Court
PER CURIAM.
Our review of the affidavits and depositions filed in this cause compels the conclusion that appellee, plaintiff in the trial court, failed to negate the existence of genuine issues of material fact. Consequently, the summary final judgment entered below is reversed. See Landers v. Milton, 370 So. 2d 368 (Fla.1979); McCabe v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977).
REVERSED AND REMANDED for further proceedings.
DOWNEY, HURLEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Mohumman Iqbal Zabrani v. Riveron, 495 So. 2d 1195 (Fla. 3d DCA 1986)…ved, 240 So. 2d 301 (Fla.1970). Even if Zabrani were a typical defendant, “a defendant’s refusal to testify is limited and its invocation may carry with it prejudicial consequences to the defendant’s ability to defend the action.” State v. Stabile, 443 So. 2d 398, 401 (Fla. 4th DCA 1984). The prejudicial consequences imposed upon the silent respondent in Waskin v. Waskin, 452 So. 2d 999 (Fla.3d DCA 1984), were an adjudication of contempt and a sentence of thirty days in jail. In Waskin, the ex-husband claime…
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McDONOUGH Power Equip., Inc. v. Brown, 486 So. 2d 609 (Fla. 4th DCA 1986)…4th DCA 1981). Moreover, “[t]he law of the case precludes relit-igation of all issues necessarily ruled upon by the [appellant] court, as well as of all issues upon which appeal could have been taken, but which were not appealed.” State v. Stabile, 443 So. 2d 398, 400 (Fla. 4th DCA 1984) (emphasis in original); Airvac, Inc. v. Ranger Insurance Co., 330 So. 2d 467 (Fla.1976). When one point has not been appealed on in a prior appeal on some other issue, that point becomes law of the case and cannot be revisit…
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Gaskins v. State, 502 So. 2d 1344 (Fla. 2d DCA 1987)…(Fla. 2d DCA 1981). We affirmed his sentence. The law of the case precludes relitigation of all issues necessarily ruled upon by the court, as well as all issues upon which appeal could have been taken, but which were not appealed. State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984). A per curiam affirmance establishes the law of the case. State Commission on Ethics v. Sullivan, 430 So. 2d 928 (Fla. 1st DCA 1983). Consequently, the law of the case established in Gaskins’ previous appeal precludes relitigatio…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
- McCABE v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977)