AETNA CASUALTY & SURETY CO., APPELLANT,
v.
JOSEPH CIARROCHI, APPELLEE
AETNA CASUALTY & SURETY CO., APPELLANT,
JOSEPH CIARROCHI, APPELLEE
573 So. 2d 990
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 26 cases
Opinion of the Court
PER CURIAM.
Where the law of a foreign forum is claimed to be dispositional, yet no foreign law is pleaded to the trial court, the matter is to be determined by the law of this forum. See Coyne v. Coyne, 325 So. 2d 407 (Fla. 3d DCA 1976); Miller v. Shulman, 122 So. 2d 589 (Fla. 3d DCA 1960).
Further, the choice of law doctrine presumes that, “where a party seeking to rely upon foreign law fails to demonstrate that the foreign law is different from the law in Florida, the law is the same as Florida.” Gustafson v. Jensen, 515 So. 2d 1298 (Fla. 3d DCA 1987).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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U.S.B. Acquisition Co., Inc. v. Stamm, 660 So. 2d 1075 (Fla. 4th DCA 1995)…tual provisions of the promissory notes and should have been allowed. Sybert v. Combs, 555 So. 2d 1313 (Fla. 5th DCA 1990). Costs should be allowed to the prevailing party, section 57.041(1), Florida Statutes; Weitzer Oak Park Estate, Ltd. v. Petto, 573 So. 2d 990 (Fla. 3d DCA 1991), to be determined upon entry of judgment in accordance with this court’s decision. The remaining points on appeal and cross-appeal do not demonstrate error nor require discussion. The judgment is reversed and this cause remanded…
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Sunshine Bottling Co. v. Tropicana Prods., Inc., 757 So. 2d 1231 (Fla. 3d DCA 2000)…t “every party who recovers a judgment in a legal proceeding is entitled as a matter of law to recover lawful court costs, and a trial judge has no discretion to deny costs to the parties recovering judgment.” Weitzer Oak Park Estate, Ltd. v. Petto, 573 So. 2d 990, 991 (Fla. 3d DCA 1991). Both Sunshine and Tropicana litigated their respective breach of contract claims. The jury’s verdict reflects that Tropicana breached the contract but that Sunshine did not. Even though no damages were assessed, Sunshine wa…
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City OF Boca Raton v. Basso, 242 So. 3d 1141 (Fla. 4th DCA 2018)…statute expressly demands that the party recovering judgment be awarded costs. This unambiguous language need not be construed." Hendry Tractor Co. v. Fernandez , 432 So. 2d 1315, 1316 (Fla. 1983) ; see also Weitzer Oak Park Estate, Ltd. v. Petto , 573 So. 2d 990, 991 (Fla. 3d DCA 1991) (stating that "every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs, and a trial judge has no discretion to deny costs to the parties recovering judgment").…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anne-Lise Gustafson v. Dorrit Jensen, 515 So. 2d 1298 (Fla. 3d DCA 1987)
- Miller v. Shulman, 122 So. 2d 589 (Fla. 3d DCA 1960)
- Coyne v. Coyne, 325 So. 2d 407 (Fla. 3d DCA 1976)