DAVID MARGOLIS, APPELLANT,
v.
CITY NATIONAL BANK OF FLORIDA, F/K/A CITY NATIONAL BANK OF HALLANDALE, APPELLEE
PER CURIAM.
Appellant-landlord appeals from an order, in a non-jury trial, dismissing the case with prejudice and granting a final judgment in favor of appellee-tenant.
The facts aré not in dispute. The trial court correctly held that the only reasonable conclusion to be drawn from the evidence, taking all inferences in favor of the appellant, is that the landlord accepted surrender of the premises and occupied them for his own exclusive use and purposes. The extensive evidence in support of the order further satisfies the requirements of Kanter v. Safran, 68 So. 2d 553 (Fla.1953) and Williams v. Aeroland Oil Co., 20 So. 2d 346 (Fla.1944).
AFFIRMED.
LETTS, WALDEN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jones v. State, 502 So. 2d 1375 (Fla. 4th DCA 1987)…Procedure 3.210(b). The trial court does have the duty to conduct a hearing on defendant’s competency if it reasonably appears necessary. Gibson v. State, 474 So. 2d 1183 (Fla. 1985); Christopher v. State, 416 So. 2d 450 (Fla.1982); Rolle v. State, 493 So. 2d 1089 (Fla. 4th DCA 1986). In the instant case, the defendant was confined to a wheel [*1378] chair, and had exhibited some confusion. The defendant did not, however, have a history of mental illness. Moreover, defense counsel in this case had actually re…
-
Pickles v. State, 976 So. 2d 690 (Fla. 4th DCA 2008)…articulate, and cogent. Three experts had all opined that the defendant was competent but merely malingering. There was no dispute between any of the experts. An evidentiary hearing is required if it “reasonably appears necessary.” Rolle v. State, 493 So. 2d 1089, 1090 (Fla. 4th DCA 1986) (emphasis omitted). The trial court did not abuse its discretion in determining that an evidentiary hearing did not appear reasonably necessary in light of the three consistent expert reports finding Pickles competent to st…
-
Boggs v. State, 575 So. 2d 1274 (Fla. 1991)…t, to retry him.2 It is so ordered. SHAW, C.J., and OVERTON, McDonald, BARKETT, GRIMES and KOGAN, JJ., concur. . Muhammad v. State, 494 So. 2d 969 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987), and Rolle v. State, 493 So. 2d 1089 (Fla. 4th DCA 1986), review denied, 503 So. 2d 327 (Fla.1987), relied on by both the trial court and the state, are factually distinguishable. The last expert that examined Muhammad found him competent, and Muhammad refused to cooperate with the add…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. Aeroland OIL Co., 155 Fla. 114 (Fla. 1944)
- Kanter et ux. v. Safran, 68 So. 2d 553 (Fla. 1953)