TERRY WILLIAM BROWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Kenneth Kapley, D.D.S. v. Borchers, 714 So. 2d 1217 (Fla. 2d DCA 1998)
  …ort another cause of action based on a different legal theory, dismissal with prejudice is an abuse of discretion. See Harper Companies v. Scott, Royce, Harris, Bryan, Barra, & Jorgensen, P.A., 656 So. 2d 627 (Fla. 4th DCA 1995); Kovach v. McLellan, 564 So. 2d 274 (Fla. 5th DCA 1990). While it may have been proper to dismiss the complaint against appellee individually for failure to state a cause of action, we conclude it was an abuse of discretion to do so with prejudice since it was not clear from the recor…
• The Haskell Co. & Serv. Merchandise Co., Inc. v. The Lane Co., Ltd., 612 So. 2d 669 (Fla. 1st DCA 1993)
  …bsequent decisions have held that the duty imposed upon sellers by Johnson does not require disclosure to third parties not in privity with the seller. See Wallis v. South Florida Savings Bank, 574 So. 2d 1108 (Fla. 2d DCA 1990); Kovach v. McLellan, 564 So. 2d 274 (Fla. 5th DCA 1990). III. It is clear that the doctrine of caveat emptor no longer has any application to leases of residential real property (Mansur v. Eubanks), or to sales of new or used residences (Johnson v. Davis). However, it would appear t…
• Walicki v. Waste Mgmt., Inc., 703 So. 2d 1095 (Fla. 2d DCA 1997)
  …judice; however, in cases such as this, where a complaint is challenged on several grounds, the better practice is to apprise the parties and the reviewing court the reason for dismissal. May v. Holley, 59 So. 2d 636 (Fla.1952); Ko-vach v. McLellan, 564 So. 2d 274 (Fla. 5th DCA 1990); City of Gainesville Code of Enforcement Bd. v. Lewis, 586 So. 2d 1148 (Fla. 1st DCA 1988). Moreover, if Attorney Solomon’s conduct did in fact serve as the basis for dismissal, the trial court was obliged to make an affirmative…

Authorities Cited

• Valicenti v. State, 559 So. 2d 431 (Fla. 4th DCA 1990)