EDUARDO BERECIARTURA, PABLO REYNAL AND JOSEFA SANTOS A/K/A FINA SANTOS, APPELLANTS,

v.

NELSON VALDES A/K/A BEEF, ELADIO VALDES, HIGH POINT AT LAS OLAS-FT. LAUDERDALE, LLC, A FLORIDA CORPORATION, AND HIGH POINT I, INC., A FLORIDA CORPORATION, APPELLEES

Citator

Cited By

• Conti v. B & E Holdings, LLC, 61 So. 3d 1272 (Fla. 1st DCA 2011)
  …ts argue the order is appealable as a partial final judgment under Florida Rule of Appellate Procedure 9.110(k). However, the order does not totally dispose of the entire case as to the appellants. Cf. Batur v. Signature Props, of Nw. Florida, Inc., 903 So. 2d 985, 988 (Fla. 1st DCA 2005) (finding appellate jurisdiction to review partial final judgment to the extent it disposed of the entire case as to defendants). As endorsers of the promissory note secured by the mortgage, the appellants are proper parties…
• Bd. OF Trs. OF Fla. State Univ. & The Fla. State Univ. v. Esposito, 991 So. 2d 924 (Fla. 1st DCA 2008)
  …n 768.28(6) apply to the Act. Id. at 1078. When interpreting statutes, we are constrained to follow the plain meaning of the statutory language “without resort to any canon of construction, if possible.” Batur v. Signature Prop. of Nw. Fla., Inc., 903 So. 2d 985, 994 n. 18 (Fla. 1st DCA 2005). Further, “when the legislature includes particular language in one section of a statute but not in another section of the same statute, the omitted language is presumed to have been excluded intentionally.” L.K. v. De…
• Puskar v. Puskar, 29 So. 3d 1201 (Fla. 1st DCA 2010)
  …999). Where mixed questions of law and fact arise, we defer to the trial court’s factual findings to the extent they are supported by competent, substantial evidence, but review legal conclusions de novo. Batur v. Signature Props. of Nw. Fla., Inc., 903 So. 2d 985, 995 (Fla. 1st DCA 2005). Pursuant to section 61.075(5)(b), Florida Statutes (2006), non-marital assets include those acquired by either party prior to the marriage. For present purposes, the cut-off date for determining the marital status of assets…

Authorities Cited

• State v. Camper, 356 So. 2d 1329 (Fla. 4th DCA 1978)
• Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978)