SARA JANE WACHA AND FRANK A. WACHA, HER HUSBAND, APPELLANTS,
v.
JAY M. HUNTER AND JOHN MACKINAW, APPELLEES

Fla. 4th DCA | 1988-01-20
No. 4-86-2813
ANSTEAD and GUNTHER, JJ., concur., LETTS, J., dissents with opinion.
519 So. 2d 669 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

ANSTEAD and GUNTHER, JJ., concur.

LETTS, J., dissents with opinion.

Dissent
LETTS, Judge,

LETTS, Judge,

dissenting.

The question presented is whether or not title to the automobile had passed from the seller to the buyer at the time of an accident. Irregularities in the transfer documents, and the actions of both the seller and the buyer, appear to me to raise a material question of fact on this issue which precludes the entry of a summary judgment. See Hines v. Keen, 389 So. 2d 701 (Fla. 1st DCA 1980).

I would reverse.


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  • Perez v. State, 545 So. 2d 1357 (Fla. 1989)
    …EHRLICH, Chief Justice. We have for review State v. Perez, 519 So. 2d 669 (Fla. 1st DCA 1988), because of express and direct conflict with the decision of this Court in Reino v. State, 352 So. 2d 853 (Fla.1977). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the decision of the district court below. In 1…
  • Batie v. State, 521 So. 2d 295 (Fla. 1st DCA 1988)
    …e.g., Heuring v. State, 513 So. 2d 122 (Fla.1987); Reino, 352 So. 2d at 858. Other decisions suggest that the legislature may validly classify some crimes as “capital” even where the death penalty is not available, Hogan; Rusaw; cf., State v. Perez, 519 So. 2d 669 (Fla. 1st DCA 1988). In fact, language in one opinion strongly suggests that there may be at least two definitions of a crime as capital, the traditional and the legislative. See Hogan, 451 So. 2d at 845. Our attempts to reconcile these various aut…

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