THE CITIZENS & PEOPLES NATIONAL BANK, APPELLANT, ROBERT G. KERRIGAN, CROSS-APPELLANT,
v.
HOWARD HEAD AND GRACE B. FUTCH, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the trial court's orders vacating prior awards and dismissing the claims, clarifying that the dismissal prevents further action in state court but allows claims to be asserted in bankruptcy.
Appellants, a bank and an individual, appealed two trial court orders entered after a prior remand. The orders vacated previous awards in their favor …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Bankruptcy Proceedings cases and more on FLexlaw
PER CURIAM.
Citizens and Peoples National Bank of Pensacola (Bank) and Robert G. Kerrigan (Kerrigan) appeal two orders entered by the trial court pursuant to this court’s remand directions in Citizens & Peoples National Bank of Pensacola v. Futch, 650 So. 2d 1008 (Fla. 1st DCA 1994), review denied, 660 So. 2d 712 (Fla.1995)(Futch III). We affirm the trial court’s rulings, and write only to clarify certain language employed in the order of June 14,1996.
The June 14, 1996, order directed that awards in favor of the Bank and Kerrigan which were reversed by this court in Futch III, were vacated and set aside, and that the Bank and Kerrigan “shall take nothing by this action and go hence without day.” We conclude the phrase “go hence without day,” should be construed as meaning that the Bank and Kerrigan may not pursue their respective claims further in the state court action, but both may assert their claims to Mr. Head’s trustee in bankruptcy.
Accordingly, we affirm the trial court’s rulings requiring the deposit of $102,093.45, into the registry of the court, together with interest from the date of judgment. These rulings do not preclude the Bank and Kerri-gan from asserting any claims they may have to the bankrupt estate to Mr. Head’s trastee in bankruptcy.
JOANOS, WOLF and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hurst v. State, 819 So. 2d 689 (Fla. 2002)…“no per se rule exists which pinpoints a particular age as an automatic circumstance in mitigation. Instead, the trial judge is to evaluate the defendant’s age based on the evidence adduced at trial and at the sentencing hearing.” Shellito v. State, 701 So. 2d 887, 843 (Fla.1997) (citation omitted) (citing Peek v. State, 395 So. 2d 492, 498 (Fla.1980)). For a court to give a non-minor defendant’s age significant weight as a mitigating circumstance, the defendant’s age must be linked with some other character…
-
Bell v. State, 841 So. 2d 329 (Fla. 2002)…n school, and maintained [*336] steady jobs, we note that these characteristics tend to reflect the lifestyle of a normal, healthy seventeen-year-old, rather than the unusual lifestyle of a teenager “old in the ways of the world.” Shellito v. State, 701 So. 2d 887, 843 (Fla.1997) (assigning little weight to the statutory age mitigator and relying on evidence of the eighteen-year-old defendant’s extensive crime record, which started at age thirteen, involved twenty-two arrests, thirty separate crimes, and eigh…
-
Sparre v. State, 164 So. 3d 1183 (Fla. 2015)…rule exists which pinpoints a particular age as an automatic circumstance in mitigation. Instead, the trial judge is to evaluate the defendant’s age based on the evidence adduced at trial and at the sentencing hearing.’ ” (quoting Shellito v. State, 701 So. 2d 887, 843 (Fla.1997))). Furthermore, we determine that there is competent, substantial evidence in this record for the thirteen nonstatutory mitigating factors for which the trial court assigned some, little, and slight weights. [*1196] See Spann, 857 S…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Citizens & Peoples Nat'l Bank OF Pensacola v. Futch, 650 So. 2d 1008 (Fla. 1st DCA 1994)