HARRY BELLAN AND SARAH BELONSKY, FIRST AMERICAN INVESTMENT COMPANY, A FLORIDA CORPORATION, AND FIRST AMERICAN MORTGAGE COMPANY, A FLORIDA CORPORATION, APPELLANTS,
v.
ERNEST MANIN AND ROSE MANIN, HIS WIFE, APPELLEES

Fla. 3d DCA | 1962-07-17
No. 61-664
Before CARROLL, BARKDULL and HENDRY, JJ.
143 So. 2d 556 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 2 cases

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.

Synopsis

The appellate court affirmed the trial court's denial of a motion to dismiss, holding that service of process on the president of the Florida Medical Association, Inc. was proper to enjoin a threatened wrong, even though the association was not explicitly named as a party and the return of service did not specify the president's capacity.


Holding

Service of process upon the president of a corporation, even if the corporation is not explicitly named as a party, can be sufficient to enjoin a threatened wrong, and the venue was proper.


Facts & Procedural History

Appellees, medical doctors, were expelled from the Florida Medical Association and a county medical society. They sued the Board of Governors and the …

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.

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal, by defendants below, is from a final decree cancelling a $3,000 note and mortgage for usury in violation of § 687.07, Fla.Stat, F.S.A., and granting relief accordingly. The chancellor, after hearing the conflicting evidence, made findings of fact on the basis of which he properly applied the law and entered his decree. Appellants contest the correctness of the findings as applicable to their respective rights. Having examined the record and considered the briefs and arguments we conclude the challenged findings of the chancellor have adequate support in the record, and that the appellants have failed to carry their burden of demonstrating error.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …y on the generic proposition that, “The contemporaneous construction by rule of a newly enacted statute by the agency responsible for its implementation is also given deference on review of such construction or interpretation. Andrews v. Borden Co., 143 So. 2d 556 (Fla.2d DCA 1962).” (R. 514) The hearing officer concluded that the Department’s construction of section 175.021 had not been shown to be unreasonable, as the proposed rules implementing its salutary language appear to be reasonable and necessary i…

Full citator, related cases, and AI research tools

Open in FLexlaw