YORAM LOW, APPELLANT,
v.
POWERLINE SERVICE, INC., A FLORIDA CORPORATION, LARRY A. SIEGAL, KENNETH ZIMMERMAN, DAVID MANSOOR, SHALOM YEHIEL AND DORIS YEHIEL, JOINTLY AND SEVERALLY, APPELLEES

Fla. 4th DCA | 1989-02-22
No. 87-3378
HERSEY, C.J., STONE, J., and FRANK, RICHARD H., Associate Judge, concur.
539 So. 2d 507 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Holding that the mistake which occasioned denial of appellant’s application for relief was one of fact rather than law, we reverse and remand with instructions to grant the motion filed pursuant to rule 1.540(b)(1), Florida Rules of Civil Procedure.

HERSEY, C.J., STONE, J., and FRANK, RICHARD H., Associate Judge, concur.

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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…
  • 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…
  • 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…

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