DAVID J. HANCOCK, ET AL., APPELLANTS,
v.
STATE FARM FIRE AND CASUALTY COMPANY, APPELLEE

Fla. 3d DCA | 1993-07-20
Nos. 92-1054, 92-1058
Before BASKIN, JORGENSON and COPE, JJ.
623 So. 2d 536 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Notwithstanding the fact that the declaratory judgment action was improperly entertained, see Bergh v. Canadian Universal Ins. Co., 216 So. 2d 436 (Fla.1968); Columbia Casualty v. Zimmerman, 62 So. 2d 338 (Fla.1952), the fact finder considered the counterclaim on the merits and found that Hancock wilfully and intentionally threw the glass into Ginelli’s face. We affirm based on Prudential Property & Casualty Ins. v. Swindal, 622 So. 2d 467 (Fla.1993) and Landis v. Allstate Ins. Co., 546 So. 2d 1051 (Fla.1989). See also AIU Ins. Co. v. Block Marina Investment, Inc., 544 So. 2d 998 (Fla.1989).

Affirmed.


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Cited By

  • Viscito v. Fred S. Carbon Co., Inc., 717 So. 2d 586 (Fla. 4th DCA 1998)
    …der the agreement, Carbon had the right to terminate the relationship at any time, and, in fact, did. As such, we believe the trial court correctly concluded that enforcement of the agreement was barred by the Statute of Frauds. See Chong v. Milano, 623 So. 2d 536, 537 (Fla. 4th DCA 1993). However, we disagree as to summary judgment on Counts I and II for tortious interference and conversion. The Viscitos assert a relationship with their customers that was not absolutely dependent on their relationship with…
  • Froman v. Kirland, 851 So. 2d 779 (Fla. 4th DCA 2003)
    …PER CURIAM. Affirmed. See Chong v. Milano, 623 So. 2d 536 (Fla. 4th DCA 1993); Khawly v. Reboul, 488 So. 2d 856 (Fla. 3d DCA 1986). WARNER, KLEIN and SHAHOOD, JJ., concur.…
  • …ment to last for 5 or 7 years or forever. Except for goods already sold, as we have just seen, such an unwritten agreement is unenforceable. Viscito v. Fred S. Carbon Co., 23 Fla. L. Weekly D2034, 717 So. 2d 586 (Fla. 4th DCA 1998); Chong v. Milano, 623 So. 2d 536 (Fla. 4th DCA 1993). Because the parties had long since passed the $500 and 1 year benchmarks, as a matter of law there was no right to reasonable notice of termination because the agreement was unenforceable beyond those two points. Without an agr…

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