TRADER JACK'S OF BRADENTON BEACH, INC., A FLORIDA CORPORATION, D/B/A TRADER JACK'S RESTAURANT, APPELLANT,
v.
INTERNATIONAL DINING CLUB, LTD., APPELLEE

Fla. 2d DCA | 1985-05-01
No. 84-2177
467 So. 2d 1116 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 2 cases


Opinion of the Court
HALL, Judge.

HALL, Judge.

This is an appeal from a judgment finding an apparent lack of authority to enter into a contract, yet enforcing the contract for a period of one year. It is clear from the record that all of the issues involved in this case were not considered by the court at trial. This is reflected by the stipulation entered into between the parties just prior to trial, whereby it was agreed that no evidence would be heard on appellant’s count for money damages. It appears that this stipulation was entered into because of the position enunciated by the court as to this count.

Furthermore, after careful consideration of the record, we find that the trial court’s findings of fact are inconsistent with its conclusions of law and the court exceeded its authority by mandating what amounted to a settlement of the case.

Accordingly, we reverse and remand for a new trial.

SCHEB, A.C.J., and FRANK, J., concur.


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  • In the Interest of M.R. v. D.R., 910 So. 2d 355 (Fla. 2d DCA 2005)
    …nt with the trial court’s conclusions of law. Because the conclusions in the trial court’s order conflict with the factual findings, we are unable to review the issues on appeal. See Trader Jack’s of Bradenton Beach, Inc. v. Int’l Dining Club, Ltd., 467 So. 2d 1116 (Fla. 2d DCA 1985) (reversing judgment containing findings of fact that were inconsistent with the conclusions of law); cf. J. Sourini Painting, Inc. v. Johnson Paints, Inc., 809 So. 2d 95 (Fla. 2d DCA 2002) (determining that the issues on appeal co…

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