JAMES FERGUSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JAMES FERGUSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
448 So. 2d 549
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 4 cases
Opinion of the Court
On Motion for Rehearing Granted
PER CURIAM.
The state’s motion for rehearing is granted. The opinion of this court previously filed February 28,1984 is vacated and withdrawn.
The order appealed from is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Landis v. Allstate Ins. Co., 546 So. 2d 1051 (Fla. 1989)…to the correctness of the decision of the lower court, regardless of the reasons or theories assigned therefor. In re Estate of Yohn, 238 So. 2d 290, 295 (Fla.1970). This rule applies in cases of summary judgments as well. Szabo v. Ashland Oil Co., 448 So. 2d 549 (Fla. 3d DCA), review denied, 453 So. 2d 43 (Fla. 1984); Hester v. Gatlin, 332 So. 2d 660 (Fla. 2d DCA 1976). Therefore, the district court correctly addressed the issue of the intentional acts exclusion despite the trial court’s reliance on the bus…
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Sandor Szabo and Joan Szabo v. Essex Chem. Corp., 461 So. 2d 128 (Fla. 3d DCA 1984)…] effect the service, impaired the sufficiency of process and did not toll the statute of limitation, nor did service relate back to the date of filing of the complaint. All parties to this appeal agree that our holding in Szabo v. Ashland Oil Co., 448 So. 2d 549 (Fla. 3d DCA 1984), is dispos-itive of the first issue — whether the trial court erred in granting summary judgment in favor of Essex on the grounds that the action was barred by the statute of limitations. Therein we held that a certain affidavit f…
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Landis v. Allstate Ins. Co., 516 So. 2d 305 (Fla. 3d DCA 1987)…record, whether or [*307] not it was relied upon below. In Re Estate of Yohn, 238 So. 2d 290 (Fla.1970). Contrary to the appellant’s contention, this principle fully applies to summary judgment proceedings such as this one. Szabo v. Ashland Oil Co., 448 So. 2d 549 (Fla. 3d DCA 1984), pet. for review denied sub nom. Exxon Corp. v. Szabo, 453 So. 2d 43 (Fla.1984); Crown Life Ins. Co. v. Garcia, 424 So. 2d 893 (Fla. 3d DCA 1982); Hester v. Gatlin, 332 So. 2d 660 (Fla. 2d DCA 1976). The case cited for the contrar…
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