KATHLEEN S. QUINN, APPELLANT,
v.
MARK CUSANELLI, APPELLEE

Fla. 3d DCA | 1986-07-22
No. 86-352
Before HUBBART, NESBITT and BAS-KIN, JJ.
491 So. 2d 344 Florida District Court of Appeal, Third District (1986) Negative Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Avis Rent-A-Car System, Inc. v. Stuart, 301 So. 2d 29 (Fla. 2d DCA 1974).


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  • Tyson v. Viacom, Inc., 890 So. 2d 1205 (Fla. 4th DCA 2005)
    …decisions in Huff Groves Trust v. Caulkins Indian-town Citrus Co., 810 So. 2d 1049 (Fla. 4th DCA 2002), Florida Patient’s Compensation Fund v. St. Paul Fire & Marine Insurance Co., 535 So. 2d 335 (Fla. 4th DCA 1988), and Thermofin, Inc. v. Woodruff, 491 So. 2d 344 (Fla. 4th DCA 1986), all of which are in conflict with our holding in this ease. REVERSED AND REMANDED for further proceedings consistent with this opinion. FARMER, C.J., GUNTHER, WARNER, KLEIN, STEVENSON, SHAHOOD, GROSS and TAYLOR, JJ., concur.…
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  • Swain v. Calvin H. Curry, M.D., 595 So. 2d 168 (Fla. 1st DCA 1992)
    …gligence, there exists but a single cause of action giving rise to different elements of damage. The rule against splitting causes of actions thus requires that the Swains seek and recover all relief in one action. E.g., Thermofin, Inc. v. Woodruff, 491 So. 2d 344 (Fla. 4th DCA 1986). The Swains acknowledge that they are subject to the proximate causation requirements of Good-ing v. University Hospital Building, Inc., 445 So. 2d 1015 (Fla.1984). They urge, however, that the Eagle-Picher holding should be stri…
  • Froman v. Kirland, 753 So. 2d 114 (Fla. 4th DCA 1999)
    …on is voluntarily dismissed prior to a ruling on a motion to dismiss the second action. In our opinion, we explained why the answer to that question is no. Second, the appellee contends that our decision conflicts with Thermofin, Inc. v. Woodruff, 491 So. 2d 344 (Fla. 4th DCA 1986). We conclude that it does not, because it appears to us that in Thermofin the first action was still pending at the time the second action was involuntarily dismissed. The court noted that “any relief to be obtained by appellant…

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