HARTFORD ACCIDENT & INDEMNITY CO.

v.

WILLIS

Citator

Cited By

• Producers Fertilizer Co. v. Holder, 208 So. 2d 492 (Fla. 2d DCA 1968)
  …judgment only if they would be admissible in evidence at trial. Holl v. Talcott, Fla.1966, 191 So. 2d 40, 45; Hardcastle v. Mobley, Fla.App.1962, 143 So. 2d 715, 717; Evans v. Borkowski, Fla.App.1962, 139 So. 2d 472, 475, cert. den. mem., Fla.1962, 146 So. 2d 378; Pollock v. Kelly, Fla.App.1960, 125 So. 2d 109, 112; Fla.R. Civ.P. 1.36(e) (1966) (now Rule 1.510, 31 F.S.A.). Had the case at bar gone to trial, evidence offered by appellant to the ef fect that appellees were the actual purchasers would have been…
• S.N.W. Corp. v. Hauser, 461 So. 2d 188 (Fla. 4th DCA 1984)
  …se instances where the parties enter into an entirely new and unambiguous agreement of equal or greater dignity to the agreement first made with respect to the same subject. Evans v. Borkowski, 139 So. 2d 472, 474 (Fla. 1st DCA 1962), cert. denied, 146 So. 2d 378 (Fla.1962). Appellants argue that they satisfied the four requisite elements for a novation: (1) the existence of a previously valid contract; (2) the agreement to make a new contract; (3) the intent to extinguish the original contractual obligation…
• Sink v. Abitibi-Price Sales Corp., 602 So. 2d 1313 (Fla. 4th DCA 1992)
  …took place, the parties having “enter[ed] into an entirely new and unambiguous agreement of equal or greater dignity to the agreement first made with respect to the same subject.” Evans v. Borkowski, 139 So. 2d 472, 474 (Fla. 1st DCA), cert. denied, 146 So. 2d 378 (Fla.1962). Our disposition as to appellant’s first point renders moot any consideration of the third and fourth points. For example, it makes no difference whether the trial court heard testimony as to whether there was cause for appellant’s disch…