ELSIE MILLER, APPELLANT,

v.

THE MIAMI BEACH FIRST NATIONAL BANK AND GLADYS SCHUTZ, AS CO-EXECUTORS UNDER THE WILL OF NIKOLI MILLER, DECEASED, APPELLEES

Citator

Cited By

• Resorts Int'l, Inc. v. Charter AIR Ctr., Inc., 503 So. 2d 1293 (Fla. 3d DCA 1987)
  …eadings did not allege that assignment of debt had been made by a nonparty to the plaintiff, plaintiff was not entitled to recover on this theory which was different from the complaint); American Ladder & Scaffold Co. v. Miami Ventilated Awning Co., 150 So. 2d 268 (Fla. 3d DCA 1963) (where complaint failed to allege that a nonparty and the defendant were one and the same, plaintiff failed to state a cause of action). The trial court also erred in awarding Charter damages for both its lost profits and its exp…
• Morton v. Mercantile Nat'l Bank OF Miami Beach, 185 So. 2d 172 (Fla. 3d DCA 1966)
  …rvice, Inc. The variance does not render the guaranties ineffective. See Schulze v. Light, Tex.Civ.App. 1940, 143 S.W. 2d 200. Appellants’ reliance upon American Ladder & Scaffold Company, Inc. v. Miami Ventilated Awning Company, Inc., Fla.App.1963, 150 So. 2d 268, is not well-founded because we dealt there with two different names. There was no showing that “Miami Ventilated Awning” was either a corporation or a partnership or an individual doing business under a trade name. Appellants further urge error up…
• Wooten v. Wooten, 213 So. 2d 292 (Fla. 3d DCA 1968)
  …e, 30 F.S.A., provides: “At any time in the furtherance of justice * * the court may permit any * * * pleading or record to be amended * * Leave to amend should be liberally granted. American Ladder & Scaf. Co. v. Miami Vent. Awn. Co., Fla.App.1963, 150 So. 2d 268. But leave to amend is discretionary with the trial judge. We do not think it has been demonstrated that under the circumstances of this case, the trial judge abused his discretion in denying the privilege of amendment at such a late stage in the pr…

Authorities Cited

• Kolb v. Levy, 104 So. 2d 874 (Fla. 3d DCA 1958)