GERARDO S. URCUYO, APPELLANT,
v.
ALVARO S. URCUYO, APPELLEE
GERARDO S. URCUYO, APPELLANT,
ALVARO S. URCUYO, APPELLEE
444 So. 2d 1027
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm the order under review on the sole basis that the appellant has failed to demonstrate that the trial court abused its discretion in dismissing this action between non-residents without prejudice to the appellant’s right to reinstate the action in a more convenient forum. We do not pass upon the other grounds for dismissal of the complaint or any count thereof recited in the trial court’s order, since we are of the view that these grounds, if renewed, must be resolved by the ultimate forum court.
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Citator
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Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)…the jury under the issues as framed in the pleadings. Parsons v. Reyes, 238 So. 2d 561 (Fla.1970); Bruce Construction Corp. v. The State Exchange Bank, 102 So. 2d 288 (Fla.1958); Gravette v. Turner, 77 Fla. 311, 81 So. 476 (1919); Levey v. Getelman, 444 So. 2d 1027 (Fla. 3d DCA 1984); Ranger v. Avis Rent-A-Car System, Inc., 336 So. 2d 467 (Fla. 3d DCA 1976). In Parsons v. Reyes, supra, at page 563 the Supreme Court said: “... It does not lie within the province of the Court to weigh evidence or determine ques…
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Dunn v. State, 454 So. 2d 641 (Fla. 5th DCA 1984)…, as trier of fact, might reasonably conclude that the evidence excluded every reasonable hypothesis but that of guilt. Knight v. State, 392 So. 2d 337 (Fla. 3d DCA), rev. denied, 399 So. 2d 1143 (Fla.1981). As recently stated in Levey v. Getelman, 444 So. 2d 1027 (Fla. 3d DCA 1984): Where evidence is conflicting, or will admit of different reasonable inferences, the issue should be submitted to the jury as a question of fact, and not passed upon by the judge as a matter of law. Almost the exact difference…
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Getelman v. Burton R. Levey, 481 So. 2d 1236 (Fla. 3d DCA 1985)…t for Mr. Getelman. This court reversed on appeal. Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981). Follow [*1238] ing remand, the trial court entered a directed verdict for Mr. Getelman. Again, this court reversed on appeal. Levey v. Getelman, 444 So. 2d 1027 (Fla. 3d DCA), pet. for rev. denied, 453 So. 2d 43 (Fla.1984). On remand, Mr. Levey sued for fraud and for breach of fiduciary duty.2 Mr. Getelman moved to dismiss the breach of fiduciary duty claim on the ground that it was an element of the fraud…
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