LILLIAN M. WHELESS, APPELLANT,

v.

WEBB CITY, INC., APPELLEE

Citator

Cited By

• Ideal Roofing & Sheet Metal Works, Inc. v. Katzentine, 127 So. 2d 116 (Fla. 3d DCA 1961)
  …aint show that a partial release of lien was given by the appellant and, therefore, it would, under the rule in Jowein, Inc. v. Sudy Realty Corporation of Florida, Fla.1954, 73 So. 2d 227, and Westinghouse Electric Supply Co. v. Levin, Fla.App.1959, 115 So. 2d 423, constitute a release of lien of the entire job. These cases do not stand for the proposition that a partial waiver, as such, constitutes a general waiver or release of lien; any such interpretation is gratuitous and unwarranted. This is particularl…
• Miami Highland Park, Inc. v. Leslie, 142 So. 2d 754 (Fla. 3d DCA 1962)
  …ctions to dismiss the appellees’ counterclaim -without prejudice to such rights, if any, as they may have under the terms of the contract between the parties. Reversed with directions. . See Westinghouse Electric Supply Co. v. Levin, Pla.App.1959, 115 So. 2d 423.…
• Vaughan v. Cates, 141 So. 2d 316 (Fla. 1st DCA 1962)
  …gs and proofs in this case are wholly insufficient to develop an issue entitling the chancellor to transfer the cause to the law side of the court under rule 1.39 F.R.C.P., 30 F.S.A. As stated in Westinghouse Electric Supply Co. v. Levin (Fla.App.), 115 So. 2d 423 (Text 425): “Rule 1.39 is applicable only in the instance where the plaintiff has misconceived his remedy and the case is transferred to the side of the court competent to afford the appropriate remedy. The determination of the proper side, althoug…

Authorities Cited

• Chambers v. Southern Wholesale, 92 So. 2d 188 (Fla. 1956)