GAIEL ELSWORTH HURRELL, APPELLANT,

v.

ARTHUR LEWIS UTTER AND W. R. GRACE AND COMPANY, INC., A FOREIGN CORPORATION DOING BUSINESS IN THE STATE OF FLORIDA, APPELLEES

Citator

Cited By

• Niagara Fire Ins. Co. v. Allied Elec. Co., 319 So. 2d 594 (Fla. 3d DCA 1975)
  …nat in the event relief is accorded to the plaintiff, or in the event [*596] the suit is not held to be barred. As to this fourth element, also see State ex rel. Clendinen v. Dekle, Fla.1965, 173 So. 2d 452 at 456, and Brown v. Semple, Fla.App.1967, 204 So. 2d 229, at 233. Since laches is an affirmative defense, the burden of proving it is on those who assert it, and it must be proved by very clear and positive evidence. Van Meter v. Kelsey, supra. The record in this cause shows neither undue delay, in that A…
• Westburne Supply, Inc. v. Cmty. Villas P'rs, Ltd., 508 So. 2d 431 (Fla. 1st DCA 1987)
  …adopt this rule. 186 So. 2d at 295 (citations omitted). See also Waldorff Insurance and Bonding, Inc. v. Eglin National Bank, 453 So. 2d 1383, 1385 (Fla. 1st DCA 1984); Ray v. Hocker, 61 So. 500, 500-501 (Fla.1913). Accordingly, in Brown v. Semple, 204 So. 2d 229 (Fla. 3d DCA 1967), a suit by appellees to quiet title with regard to appellants’ adverse claims against the property, the court held: Finally, we reach the contention on the part of the appellants that appellees have failed to file a notice of lis…
• Hutchison v. Wintrode, 286 So. 2d 231 (Fla. 2d DCA 1973)
  …nd HOBSON, J., concur. . The fact that the description in the modifying order matched the one in the notice of lis pendens does, not affect our decision. As between the parties, a notice of lis pendens has no effect. Brown v. Semple, Fla.App. 1967, 204 So. 2d 229.…

Authorities Cited

• Foremost Dairies, Inc. v. Godwin, 158 Fla. 245 (Fla. 1946)
• Miller v. James, 187 So. 2d 901 (Fla. 2d DCA 1966)