JAMES BAILEY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Page v. Staley, 226 So. 2d 129 (Fla. 4th DCA 1969)
  …to facts, the plaintiff chose to rely upon the paper issues and did nothing to contradict the facts submitted by defendant. Greer v. Workman, Fla.App. 1967, 203 So. 2d 665; Hix v. Sirkis, Fla. App.1966, 190 So. 2d 207; Soper v. Stine, Fla.App. 1966, 184 So. 2d 892; Hardcastle v. Mobley, supra. We ask if defendant somehow had an obligation, under the circumstances, to procure the testimony of Moore as a basis [*131] for the entitlement of defendant to a summary judgment. We answer in the negative. The criteri…
• Opler v. Wynne, 402 So. 2d 1309 (Fla. 3d DCA 1981)
  …e is a clear exception as to covenants in a land sale contract, which are outside of, collateral to, or independent of the provisions of the deed; they survive delivery and acceptance of the deed of conveyance and remain enforceable. Soper v. Stine, 184 So. 2d 892 (Fla. 2d DCA 1966) and cases cited therein. Accord, Campbell v. Rawls, 381 So. 2d 744 (Fla. 1st DCA 1980); 33 Fla.Jur. Vendor and Purchaser § 95. This is precisely such a case. The buyer’s acceptance of the seller’s deed as well as his acquiescence…
• Graff v. McNEIL, 322 So. 2d 40 (Fla. 1st DCA 1975)
  …keep the case at hand awaiting the emergence, who knows when, of countervailing evidence. Edgewater Drugs, Inc. v. Jax Drugs, Inc., 138 So. 2d 525, 528-29 (Fla.App. 1st, 1962); Connolly v. Sebeco, Inc., 89 So. 2d 482, 483 (Fla.1956); Soper v. Stein, 184 So. 2d 892 (Fla.App. 2nd, 1966). Appellant Graff, a lawyer handling his own case here and in the trial court, argued before us that plaintiff’s own testimony can make a case sufficient to go to the jury on the question of the permanency of an injury. To illus…

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Authorities Cited

• Dancy v. State, 175 So. 2d 208 (Fla. 3d DCA 1965)
• Maceo Bernard Simpson v. State, 181 So. 2d 185 (Fla. 1st DCA 1965)
• Bailey v. State, 173 So. 2d 708 (Fla. 1st DCA 1965)
• Shongut v. Malnik, 173 So. 2d 708 (Fla. 3d DCA 1965)