BERNSTEIN

v.

COMMON MARKETS, INC.

Citator

Cited By

• Variety Child's. Hosp., Inc. v. Perkins, 382 So. 2d 331 (Fla. 3d DCA 1980)
  …us cases which indicate that an action may be considered to continue, but see State ex rel. Merchants’ Nat. Bank v. Hull, 37 Fla. 579, 20 So. 762 (1896), or to be “pending,” but see Kornblum v. Heflin, 183 So. 2d 483 (Fla.2d DCA 1966), cert, denied, 189 So. 2d 632 (Fla.1966), while on appeal, it claims that the personal injury action was “pending” within the meaning of the statute when Anthony died, and therefore was “abate[d]” at that time. This contention runs afoul of one of the most basic rules of statuto…
• Bonis v. Bonis, 420 So. 2d 104 (Fla. 3d DCA 1982)
  …a when the complaint or petition is filed. Fla.R.Civ.P. 1.050. When an action is commenced, it becomes a pending suit and continues pending until the rendition of a final judgment. Kornblum v. Heflin, 183 So. 2d 843 (Fla. 2d DCA 1966), cert. denied, 189 So. 2d 632 (Fla.1966). Appellant directs us to Colorado authority which is on the point. In Lopez v. Dist. Court, Fourth Jud. Dist., Etc., 606 P. 2d 853 (Colo.1980) the Colorado court, in deferring to the jurisdiction of a California court, rejected the same a…
• Eason v. State, 421 So. 2d 35 (Fla. 3d DCA 1982)
  …ution shows that the defendant’s sanity has been restored, Campbell, supra; however, to do this, the state is not required to establish that the defendant’s sanity was judicially restored. Boone v. State, 183 So. 2d 869 (Fla. 1st DCA), cert. denied, 189 So. 2d 632 (Fla.1966). This presumption is one which attends all stages of the criminal proceeding. Until the presumption is overcome, the accused may not be tried, convicted, or sentenced. Corbin, supra; Campbell, supra, at 806. Therefore, we must decide whe…

Authorities Cited

• Bernstein v. Common Mkts., Inc., 183 So. 2d 290 (Fla. 3d DCA 1966)