RIVER BEND MARINE, INC., AND SHELDON LAKE, APPELLANTS,
v.
SAILING ASSOCIATES, INC., AND MERIDIAN BANK, FORMERLY KNOWN AS AMERICAN BANK AND TRUST COMPANY OF PA., APPELLEES; RIVER BEND MARINE, INC., AND SHELDON LAKE, APPELLANTS, V. MERIDIAN BANK, FORMERLY KNOWN AS AMERICAN BANK AND TRUST COMPANY OF PA., APPELLEE
RIVER BEND MARINE, INC., AND SHELDON LAKE, APPELLANTS,
SAILING ASSOCIATES, INC., AND MERIDIAN BANK, FORMERLY KNOWN AS AMERICAN BANK AND TRUST COMPANY OF PA., APPELLEES; RIVER BEND MARINE, INC., AND SHELDON LAKE, APPELLANTS, V. MERIDIAN BANK, FORMERLY KNOWN AS AMERICAN BANK AND TRUST COMPANY OF PA., APPELLEE
539 So. 2d 507
Florida District Court of Appeal, Fourth District (1989)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm the final order dismissing the plaintiffs’ complaint. Cate v. Oldham, 450 So. 2d 224 (Fla.1984); Cypher v. Segal, 501 So. 2d 112 (Fla. 4th DCA 1987). However, the final order awarding attorney’s fees pursuant to section 57.105, Florida Statutes, is reversed. See Whitten v. Progressive Casualty Insurance Co., 410 So. 2d 501 (Fla.1982); Jones v. Charles, 518 So. 2d 445 (Fla. 4th DCA 1988).
HERSEY, C.J., STONE, J., and FRANK, RICHARD H., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jaye v. Royal Saxon, Inc., 573 So. 2d 425 (Fla. 4th DCA 1991)…ontrary, the common law rule precludes such an attempt at double recovery here. Cypher at 114. Although both Cate and Cypher involved acts of public officials, those cases were deemed controlling in River Bend Marine, Inc. v. Sailing Assoc., Inc., 539 So. 2d 507 (Fla. 4th DCA 1989), involving only private parties. We note that the First District, in Turkey Creek, Inc. v. Londono, 567 So. 2d 943 (Fla. 1st DCA 1990), disagreed with this court’s interpretation of the Cate language. Following Cypher, we affirm…
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August Urbanek and Sidney Kohl v. The 18TH Hole AT Inverrary Condo. Ass'n, Inc., 582 So. 2d 154 (Fla. 4th DCA 1991)…issue presented in this case in Jaye v. Royal Saxon, Inc., 573 So. 2d 425 (Fla. 4th DCA), rev. pending, (Fla. Mar. 1, 1991) (No. 77,570). The final judgment was affirmed in Jaye because of Cypher and River Bend Marine, Inc. v. Sailing Assocs., Inc., 539 So. 2d 507 (Fla. 4th DCA 1989). The foundation of both Cypher and River Bend was Cate v. Oldham, 450 So. 2d 224 (Fla.1984), which suggested in dicta that English common law would control in a situation such as this and the successful defendant would be require…
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Everett v. Fla. Transp. Servs., Inc., 744 So. 2d 1038 (Fla. 4th DCA 1999)…ect able under Rule 1.540(b). See id. at 1224; see Lee & Sakahara Assocs., AIA, Inc. v. Boykin Management Co., 678 So. 2d 394 (Fla. 4th DCA 1996). The mistake in this case was one of fact, not one of law or tactics. See Low v. Powerline Serv., Inc., 539 So. 2d 507 (Fla. 4th DCA 1989); cf. Curbelo v. Ullman, 571 So. 2d 443 (Fla. 1990) (holding that judicial error such as a mistaken view of the law is not subject to correction under rule 1.540(b)(1)); Miller, 484 So. 2d at 1228 (“courts will not relieve parties…
Authorities Cited
- Whitten v. Progressive Cas. Ins. Co., 410 So. 2d 501 (Fla. 1982)
- Cate v. Oldham, 450 So. 2d 224 (Fla. 1984)
- Brenner v. B.J. Layne, 518 So. 2d 445 (Fla. 3d DCA 1988)
- Cypher v. Segal, 501 So. 2d 112 (Fla. 4th DCA 1987)