ERVIN M. SMITH, JR., APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (26 total)

• Opler v. Wynne, 402 So. 2d 1309 (Fla. 3d DCA 1981)
  …er these circumstances, precludes his action for damages under the doctrine of merger. The general rule is that all preliminary agreements and understandings relative to the sale of land usually merge into the deed of conveyance. Milu, Inc. v. Duke, 204 So. 2d 31 (Fla. 3d DCA 1967). The same rule applies to covenants contained in a land sale contract. Stephan v. Brown, 233 So. 2d 140 (Fla. 2d DCA 1970). However, there is a clear exception as to covenants in a land sale contract, which are outside of, collate…
• David Miller Distrib. Co., Inc. v. Fla. Nat'l Bank AT Arlington, 342 So. 2d 856 (Fla. 1st DCA 1977)
  …etween the parties upon which the plaintiff tried to enforce his original claim.” It is a well settled rule of law that if a pleading informs a defendant of the nature of the cause of action against him, then it shall be sufficient. Smith v. State, 204 So. 2d 31 (Fla. 3rd DCA 1967): As this Court observed in Richards v. West, 110 So. 2d 698, 701-702 (Fla. 1st DCA 1959): “The advent of modern rules of procedure has brought with it the policy of allowing litigants to amend pleadings freely in order that caus…
• Kendall E. Ests., Inc. v. David P. Banks & Joan S. Banks, 386 So. 2d 1245 (Fla. 3d DCA 1980)
  …494, 78 So. 536 (1918). . For the reasons stated below no fees are assessable for the defense of the counterclaim. . The agreement to pay a stated consideration for the property survived the delivery of the deed at the closing. Milu, Inc. v. Duke, 204 So. 2d 31, 33 (Fla. 3d DCA 1967). . The complaint alleged that “[t]here remains due and owing to Plaintiff by Defendants $3,818.00 on account of the purchase price due Plaintiff on the Contract for purchase and sale.”…