TOWN OF PALM BEACH SHORES ET AL., APPELLANTS,
v.
FRANK J. DOTY AND LORETTA M. DOTY, HIS WIFE, APPELLEES
TOWN OF PALM BEACH SHORES ET AL., APPELLANTS,
FRANK J. DOTY AND LORETTA M. DOTY, HIS WIFE, APPELLEES
104 So. 2d 508
Florida Supreme Court (1958)
Negative Treatment
Cited by 46 cases
Opinion of the Court
This cause came on to be heard on the motion of appellee to affirm the judgment appealed from pursuant to the rules of this Court, and, it appearing to the Court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument;
It is accordingly adjudged and decreed that the motion to affirm the judgment appealed from be, and the same is, hereby granted, and the judgment is
Affirmed.
TERRELL, C. J., and THOMAS, ROBERTS, DREW and THORNAL, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
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Lorn Leitman and John Gentile v. Boone, 439 So. 2d 318 (Fla. 3d DCA 1983)…judicial proceedings, a party simply is not estopped from asserting a later inconsistent position (if that it can be called), unless the party’s initial position was successfully maintained.4 Olin’s, Inc. v. Avis Rental Car System of Florida, Inc., 104 So. 2d 508 (Fla.1958). See Grauer v. Occidental Life Insurance Co., 363 So. 2d 583 (Fla. 1st DCA 1978), cert. denied, 372 So. 2d 468 (1979). Here the plaintiffs did not successfully maintain that there was a contract, and they are thus not estopped from therea…
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Olin's Inc. v. AVIS Rental CAR Sys. OF Fla., Inc., 105 So. 2d 497 (Fla. 3d DCA 1958)…t interlocutory (Fla.App., 100 So. 2d 825). On the appeal taken to this court we reversed the summary decree (102 So. 2d 159), holding that the cause was not one for declaratory decree. The Supreme Court of Florida quashed our opinion and judgment (104 So. 2d 508, 511), saying: “The whole basis of the District Court’s opinion was its erroneous conclusion that the defendant was bound by the admissions made in its motions to dismiss and to transfer, even though these motions were denied by the trial court; so…1 / 2
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Am. Home Assurance Co. v. Keller Indus., Inc., 347 So. 2d 767 (Fla. 3d DCA 1977)…fee on that ground. Thereby necessity to test it on the ground of absence of judgment was precluded. . Fla.R.Civ.P. 1.510(a); Olin’s, Inc. v. Avis Rental Car System of Florida, 102 So. 2d 159, 163 (Fla. 3d DCA 1958), quashed on other grounds (Fla., 104 So. 2d 508); Wallens v. Lichtenstein, 159 So. 2d 912 (Fla. 3d DCA 1964); Coast Cities Coaches, Inc. v. Dade County, 178 So. 2d 703 (Fla.1965).…
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