BOULEVARD NATIONAL BANK OF MIAMI, MIAMI, FLORIDA, A FLORIDA BANKING CORPORATION, APPELLANT,

v.

HENRY SHER AND SIDNEY ALTERMAN, JOINTLY AND SEVERALLY, APPELLEES

Citator

Cited By

• Peninsular Life Ins. Co. v. Hanratty, 281 So. 2d 609 (Fla. 3d DCA 1973)
  …rting and subsequently proving at trial. See Rule 1.110(d), RCP, 30 F.S.A.; Sonnenblick-Goldman of Miami Corp. v. Feldman, Fla.App.1972, 266 So. 2d 48; Rod-Lyn Corporation v. DeBelay, Fla.App.1970, 231 So. 2d 233; Sorensen v. Eshelman, Fla.App.1967, 202 So. 2d 597; Gordon International Advertising, Inc. v. Charlotte County Land & Title Co., Fla.App.1964, 170 So. 2d 59; Fink v. Powsner, Fla.App.1958, 108 So. 2d 324. Since the affirmative defense was not asserted in the answer or at any time prior to trial, the…
• Sonnenblick-Goldman OF Miami Corp. v. Feldman, 266 So. 2d 48 (Fla. 3d DCA 1972)
  …e, and filed its motion for leave to allow amendment to conform to evidence. When an affirmative defense, such as the statute of frauds, is not raised by answer, it is waived. Rule 1.110(d), R.C. P., 30 F.S.A. See Sorensen v. Eshelman, Fla.App.1967, 202 So. 2d 597. We also note that Fla.Stat. § 92.031(4), F.S.A., requires reasonable notice of intention to rely upon foreign law. The appellant New York corporation’s fourth point urges that the appellee was barred from recovery because the ap-pellee was not a l…
• Foliage Corp. OF Fla., Inc. v. Watson, 381 So. 2d 356 (Fla. 5th DCA 1980)
  …unless the evidence thereof is in writing, subscribed by the party or his attorney against whom it is alleged . . Doral Country Club, Inc. v. Curcie Brothers, Inc., 174 So. 2d 749 (Fla. 3d DCA 1965). . Fla.R.Civ.P. 1.100(a); Sorensen v. Eshelman, 202 So. 2d 597 (Fla. 3d DCA 1967); Tax v. Keiser, 328 So. 2d 517 (Fla. 4th DCA 1976). . The instruction was as follows: It is your duty to determine and assess the damages which resulted from the removal of the stock plants which is the difference in the market…

Authorities Cited

• Miami Nat'l Bank v. Fink, 174 So. 2d 38 (Fla. 3d DCA 1965)
• Hurner v. Mut. Bankers Corp., 140 Fla. 435 (Fla. 1939)