EDMUND CAVA, APPELLANT,
v.
CAROL CAVA, APPELLEE

Fla. 3d DCA | 1967-06-27
No. 67-266
Before HENDRY, C. J., and PEARSON and BARKDULL, JJ.
200 So. 2d 583 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This interlocutory appeal is from an or-er denying defendant’s motion for a judgment on the pleadings. It appearing that the complaint stated a cause of action, and the defendant had no benefit of any admissions of the facts alleged in his answer, the motion was properly denied. See Paradise Pools, Inc. v. Genauer, Fla.App.1958, 104 So.2d 860.

We express no opinion upon the validity of the grounds given by the circuit judge for the order denying the motion.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Am. Aviation, Inc. v. Aero-Flight Serv., Inc., 712 So. 2d 809 (Fla. 4th DCA 1998)
    …o cause the alleged frustration was foreseeable there should have been provision for it in the contract, and the absence of such a provision gives rise to the inference that the risk was assumed. See City of Miami Beach v. Championship Sports, Inc., 200 So. 2d 583 (Fla. 3d DCA 1967). The court’s finding indicates that the trial court believed there was an actual blacklisting of the engine since blacklisting was the sole basis upon which Aero-Flight claimed [*811] the inability to obtain certification. The ev…
  • Genuinely Loving Childcare, LLC v. BRE Mariner Conway Crossings, LLC, 209 So. 3d 622 (Fla. 5th DCA 2017)
    …exists an inference that the risk was either allocated by the contract or was assumed by the party. See Am. Aviation, Inc. v. Aero-Flight Serv., Inc., 712 So. 2d 809, 810 (Fla. 4th DCA 1998) (citing City of Miami Beach v. Championship Sports, Inc., 200 So. 2d 583 (Fla. 3d DCA 1967)). Generally, foreseeability in the context of contractual defenses is an issue of fact precluding summary judgment. See Walter T. Embry, Inc. v. LaSalle Nat’l Bank, 792 So. 2d 567, 570 (Fla. 4th DCA 2001) (finding that foreseeabil…
  • LEE v. Bowlerama Enters., Inc., 368 So. 2d 913 (Fla. 3d DCA 1979)
    …conomic frustration were applicable as a defense. See, e. g., Shore Investment Co. v. Hotel Trinidad, 158 Fla. 682, 29 So. 2d 696 (1947); Donelly v. Marriott Corp., 266 So. 2d 183 (Fla. 3d DCA 1972); City of Miami Beach v. Championship Sports, Inc., 200 So. 2d 583 (Fla. 3d DCA 1967); City of Tampa v. City of Port Tampa, 127 So. 2d 119 (Fla. 2d DCA 1961); and cf. Hamilton v. Title Insurance Agency of Tampa, Inc., 338 So. 2d 569 (Fla. 2d DCA 1976) (performance of contract specifically conditioned upon procureme…

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