CHRISTIAN EVERETT, APPELLANT,
v.
UNIVERSITY OF MIAMI, A FLORIDA CORPORATION, NOT FOR PROFIT, APPELLEE

Fla. 3d DCA | 1989-05-16
No. 89-192
547 So. 2d 1237 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 11 cases

Opinion of the Court

The substantive issues raised in this appeal having been decided in a prior appeal, Everett v. University of Miami, 526 So. 2d 1055 (Fla. 3d DCA 1988), may not be reconsidered in a new appeal. Valsecci v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987) (law of case principle precludes reconsideration of points of law which were adjudicated in a former appeal).

Appeal dismissed with prejudice.

Appellee’s motion for award of attorney’s fees is hereby granted and remanded for a determination as to amount.


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  • Scudder v. Greenbrier C. Condo. Ass'n, Inc., 663 So. 2d 1362 (Fla. 4th DCA 1995)
    …uing a statute or a declaration of condominium, words of common usage should be construed in their plain and ordinary sense. Koplowitz v. Imperial Towers Condominium, Inc., 478 So. 2d 504 (Fla. 4th DCA 1985); Martin v. Ocean Reef Villas Ass’n, Inc., 547 So. 2d 1237 (Fla. 5th DCA 1989), rev. denied, 557 So. 2d 35 (Fla.1990). If the previously provided transportation service needed to be assessed as a common expense, there would be no need for the legislature to distinguish between services continuously provided…
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  • Bankers Sec. Ins. Co. v. Brady, 765 So. 2d 870 (Fla. 5th DCA 2000)
    …ory language should be given its plain and ordinary meaning. Williams v. Ergle, 698 So. 2d 1294 (Fla. 5th DCA 1997); Kelder v. ACT Corp., 650 So. 2d 647 (Fla. 5th DCA), rev. denied, 660 So. 2d 713 (Fla.1995); Martin v. Ocean Reef Villas Ass’n, Inc., 547 So. 2d 1237 (Fla. 5th DCA 1989), rev. denied, 557 So. 2d 35 (Fla.1990). AFFIRMED. THOMPSON, C.J., and GRIFFIN, J., concur. . § 627.701, Fla. Stat.…
  • Lenzi v. The Regency Tower Ass'n, Inc., 250 So. 3d 103 (Fla. 4th DCA 2018)
    …declaration of condominium, words of common usage should be construed in their plain and ordinary sense.” Schmidt v. Sherrill, 442 So. 2d 963, 965 (Fla. 4th DCA 1983). A similar issue was addressed in Martin v. Ocean Reef Villas Association, Inc., 547 So. 2d 1237 (Fla. 5th DCA 1989). There, the homeowner plaintiffs requested the appellate court “to construe the word ‘mortgage’ to mean only a purchase money mortgage.” Id. at 1238. The court refused to do so, stating “[i]n construing a statute or a declarat…

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