PETER J. KELLY, APPELLANT,
v.
BYRON PATEK, APPELLEE
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The court held that no error was demonstrated in the entry of the summary judgment.
Following a prior appeal, the plaintiff moved for summary judgment. The defendant failed to file responsive affidavits or evidence.…
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This is the second appearance of this cause in this court. See: Patek v. Associated Insurance Underwriters, Inc., Fla.App.1964, 160 So.2d 721.
Following the rendition of our opinion and mandate in this matter, the cause returned to the trial court whereupon the plaintiff, the appellee herein, moved for a summary judgment and for a final judgment. The matter came on for hearing before the trial judge, and the defendant failed to file any responsive affidavits or evidence to the motion.
No error has been demonstrated in the entry of the summary judgment here under review, in light of the admissions contained in the pleadings and evidence made by the appellant. See: Connelly v. Sebeco, Inc., Fla.1956, 89 So.2d 482; Pritchard v. Peppercorn and Peppercorn, Inc., Fla.1957, 96 So.2d 769; Crovella v. Cochrane, Fla.App.1958, 102 So.2d 307; Weber v. City of Hollywood, Fla.App.1960, 120 So.2d 826; Hardcastle v. Mobley, Fla.App.1962, 143 So.2d 715.
Therefore, the summary judgment here under review is hereby affirmed.
Affirmed.
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State v. Kahler, 232 So. 2d 166 (Fla. 1970)…ful.” .226 So. 2d 399 (Fla.1969). . Id. at 401. . See e. g., Gurr v. State, 150 Fla. 65, 7 So. 2d 590 (1942); Cortina v. State, 135 Fla. 268, 184 So. 838 (1938); Buchanan v. State ex rel. Hunt, 171 So. 2d 186 (Fla.App.3rd 1965); Benitez v. State, 172 So. 2d 520 (Fla.App.2nd 1965). . 333 F. 2d 210, rehearing 342 F. 2d 408 (C.A.9 1963), cert. denied 382 U.S. 829, 86 S.Ct. 63, 15 L.Ed.2d 72 (1965). . 21 U.S.C. § 174: “Whenever on trial for violation of this section the defendant is shown to have or have had…
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Hicks v. State, 407 So. 2d 252 (Fla. 5th DCA 1981)…contexts, see: State v. Buchman, 361 So. 2d 692 (Fla.1978), (sale of unregistered securities); State v. Kahler, 232 So. 2d 166 (Fla.1970), (possession of certain unlabeled drugs as prima facie evidence that possession is unlawful); Benitez v. State, 172 So. 2d 520 (Fla.2d DCA 1965) (possession of firearms by convicted felons). . Grammatically, the word “unless” is considered a subordinating conjunction, thus it precedes and connects a subordinate clause or a dependent clause, with the remainder. See Harbrace…1 / 2
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Nelson v. State, 195 So. 2d 853 (Fla. 1967)…nd was not designed as a shield for the individual man, who is prone to load his stomach with liquor and his pockets with revolvers or dynamite, and make of himself a dangerous nuisance to society.” See, 13 Fla.L.J. 253 (1939). . Benitez v. State, 172 So. 2d 520 (Fla.App.2nd 1965); Maloney v. State, 146 So. 2d 581 (Fla.App.2nd 1962). . Cases v. United States, 131 F. 2d 916 (C.C.A.1st 1942), cert. denied Cases Velazquez v. United States, 319 U.S. 770, 63 S.Ct. 1431, 87 L.Ed. 1718 (1943); United States v. Ad…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Connolly v. Sebeco, Inc., 89 So. 2d 482 (Fla. 1956)
- Crovella v. Cleland D. Cochrane, M.D., 102 So. 2d 307 (Fla. 1st DCA 1958)
- Hardcastle v. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962)
- Pritchard v. Peppercorn & Peppercorn, Inc., 96 So. 2d 769 (Fla. 1957)
- Ellsworth Weber v. City OF Hollywood, 120 So. 2d 826 (Fla. 2d DCA 1960)
- Patek v. Associated Ins. Underwriters, Inc., 160 So. 2d 721 (Fla. 3d DCA 1964)
- Town OF ST. Lucie Vill. v. State of Fla. ex rel. John J. Kearney, 160 So. 2d 721 (Fla. 2d DCA 1964)