PAN-AMERICAN LIFE INSURANCE COMPANY, APPELLANT,
v.
MARIE LORIDO, APPELLEE

Fla. 3d DCA | 1963-05-14
No. 62-624
Before PEARSON, TILLMAN, C, J., and HORTON and HENDRY, JJ.
154 So. 2d 200 Florida District Court of Appeal, Third District (1963) Caution
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Pan American Life Insurance Co. v. Recio, Fla.App. 1963, 154 So.2d 197.


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  • Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315 (Fla. 1983)
    …we are not here confronted with a situation warranting departure from such principle. Schwartz v. Zaconick, 74 So. 2d 108 (Fla.1954); Spicuglia v. Green, 302 So. 2d 772 (Fla. 2d DCA 1974), cert. denied, 315 So. 2d 193 (Fla.1975); Jordon v. Reynolds, 154 So. 2d 200 (Fla. 3d DCA 1963). The Fernandezes are clearly the parties recovering judgment and should be awarded costs. As we have stated above, section 57.-041(1), Florida Statutes (1979), is entitled “Costs; recovery from losing party’ (emphasis added). It…
  • Merrill Lynch v. Anderson, 501 So. 2d 635 (Fla. 1st DCA 1986)
    …s no doubt but that the jury misconceived the evidence or instructions or both, and under these circumstances the court erred in failing to grant a new trial. See Tampa Waterworks Co. v. Mugge, 60 Fla. 263, 53 So. 943 (Fla.1910); Jordan v. Reynolds, 154 So. 2d 200 (Fla. 3d DCA 1963). The court’s error in failing to grant a new trial was compounded by its sua sponte entry of a judgment notwithstanding the verdict on the fraud and civil theft counts. The court had no authority to enter such a judgment as the A…
  • Kendall E. Ests., Inc. v. David P. Banks & Joan S. Banks, 386 So. 2d 1245 (Fla. 3d DCA 1980)
    …ed by the terms of Section 57.041, Florida Statutes (1979) to assess costs in its favor.1 E. g., Murray v. Plastridge, Inc., 338 So. 2d 260 (Fla. 4th DCA 1976); United Furniture Co. v. Register, 328 So. 2d 566 (Fla. 3d DCA 1976); Jordan v. Reynolds, 154 So. 2d 200 (Fla. 3d DCA 1963). This result is required notwithstanding the fact that the Banks reduced the amount of the plaintiff’s net judgment by the successful pursuit of their counterclaim. Cases collected, Annot., Who is the “Successful Party,” or “Preva…

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