JOHN GENTILE, APPELLANT,
v.
M. ELENA AUSTIN, APPELLEE

Fla. 3d DCA | 1964-07-21
No. 64-104
Before BARKDULL, C. J., and HORTON and TILLMAN PEARSON, JJ.
166 So. 2d 155 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The directed verdict in favor of the defendant entered at the conclusion of plaintiff’s case is affirmed under the rule stated in Zubowicz v. Warnock, Fla.App.1963, 149 So.2d 890, to the effect that appellant, being the occupant of the premises, was in as good or better position to know of such defect as was appellee. See also Felshin v. Sir, 149 Fla. 218, 5 So.2d 600.

Affirmed.

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  • M.L.B. and J.B. v. Dep't of Health & Rehabilitative Servs., 559 So. 2d 87 (Fla. 3d DCA 1990)
    …court; a result obtained by means of extrinsic fraud may be set aside at any time. DeClaire v. Yohanan, 453 So. 2d 375 (Fla.1984); Whitman v. Whitman, 532 So. 2d 82 (Fla. 3d DCA 1988); see also Seven-Up Bottling Co. of Miami v. George Constr. Corp., 166 So. 2d 155 (Fla. 3d DCA 1964). Calderon v. Torres, 445 So. 2d 1040 (Fla. 3d DCA 1984), did not address fraudulent concealment and is therefore not determinative of the issue before us. [*89] For these reasons, we reverse the order of the trial court denying ap…
  • Pelekis v. Fla. Keys Boys Club, 302 So. 2d 447 (Fla. 3d DCA 1974)
    …mplete explanation of the circumstances of the alleged wrong and, therefore, merits a full opportunity to present all the available facts to the court. See Seven-Up Bot [*449] tling Company of Miami, Inc. v. George Construction Corp., Fla.App. 1964, 166 So. 2d 155. Accordingly, the order herein appealed is reversed and the cause remanded to the court below to permit full discovery and thereafter to conduct a new evidentiary hearing on appellants’ motion to vacate. It is so ordered.…
  • Enix v. Diamond T. Sales & Serv. Co., 188 So. 2d 48 (Fla. 2d DCA 1966)
    …matter of law. See City of Pinellas Park v. Cross-State Utilities Co., Fla.App.1965, 176 So. 2d 384; John K. Brennan Co. v. Central Bank & Trust Co., Fla.App.1964, 164 So. 2d 525; Seven-up Bottling Co. of Miami v. George Const. Corp., Fla.App.1964, 166 So. 2d 155. In the instant case such procedural requirements were honored more in the breach than in the observance. It appears that the Court held a pre-trial conference, and “heard the arguments of respective counsel,” and was “advised in the premises.” It…

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