WILLIE RAINGE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Aurbach v. Gallina, 753 So. 2d 60 (Fla. 2000)
  …o holds mere naked legal title as security for payment of the purchase price. In such a titleholder, the authority over the use of the vehicle which reposes in the beneficial owner is absent. Id. at 637 (emphasis supplied); see also Smith v. Baker, 206 So. 2d 409, 412 (Fla. 4th DCA 1968). Thus, an entity or individual who complies with the statutory requirements of the conditional sales statute may be exempt from vicarious liability, even though the entity retains legal title to the vehicle as security for t…
• Westchester Fire Ins. Co. v. In-Sink-Erator, 252 So. 2d 856 (Fla. 4th DCA 1971)
  …er, where the terms of the instrument are ambiguous, casting doubt upon the intent of the parties, this intent must be determined by the trier of fact, and is not to be determined upon a motion for summary judgment. See Smith v. Baker, Fla.App.1968, 206 So. 2d 409. Without going into exhaustive detail, the record reflects that the provision of the settlement agreement regarding allowance items “as specified in the contract” is ambiguous, and that the issue of intent of the parties must be resolved as a matte…
• Morton v. Emil Morton, 307 So. 2d 835 (Fla. 3d DCA 1975)
  …ularly when there was some conflicting evidence as to the intention of the contracting parties, notwithstanding the case when tried would be before the same judge. See Bache v. Lefcoe, Fla.App.1964, 162 So. 2d 525, 526; Smith v. Baker, Fla.App.1968, 206 So. 2d 409, 412; Westchester Fire Insurance Co. v. In-Sink-Erator, Fla.App.1971, 252 So. 2d 856, 858. Moreover, since the trial court does not appear to have regarded and treated the matter as one involving a latent ambiguity, all available evidence appropriat…