MARCOS PEREZ JIMENEZ AND WAMOCO, INC., A FLORIDA CORPORATION, APPELLANTS,

v.

JOHN B. REID & ASSOCIATES, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• Tiedtke v. Fid. & Cas. Co. OF NEW York, 222 So. 2d 206 (Fla. 1969)
  …emnity suit, primarily because of his interpretation of who had the burden of proving compliance or noncompliance with the written notice condition. The District Court of Appeal, Fourth District, reversed for reasons given in its opinion reported at 207 So. 2d 40 (4 DCA, Fla.1968). The reasoning of the District Court which prompted its reversal is sound, in light of the fact situation described in its opinion. Were it not for other factors which we deem controlling in this case, we would be satisfied to affi…
• Griffin v. Griffin, 752 So. 2d 621 (Fla. 2d DCA 1999)
  …ty seeking to enforce a contract has the burden to prove the satisfaction of a condition precedent to the contract’s existence. See Sheriff of Orange County v. Boultbee, 595 So. 2d 985 (Fla. 5th DCA 1992); Fidelity & Cas. Co. of New York v. Tiedtke, 207 So. 2d 40 (Fla. 4th DCA 1968), quashed on other grounds, 222 So. 2d 206 (Fla.1969). Thus, if the clause at issue here were controlling, an insurer seeking to avoid coverage for misrepresentations in the application could dodge its statutory burden simply by p…

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• DeLALIO v. Food Palace, Inc., 330 So. 2d 835 (Fla. 3d DCA 1976)
  …bility policy with appellee Food Palace, Inc., made notice of any claim a condition precedent to any action against it on the policy. As authority for this proposition, it cites the following cases: Fidelity & Casualty Co. v. Tiedtke, Fla.App. 1968, 207 So. 2d 40; Deese v. Hartford Accident and Indemnity Co., supra; and Midland National Insurance Co. v. Watson, Fla.App. 1966, 188 So. 2d 403. Appellee Travelers argues that, based on these two propositions of law, the trial court did not err in entering the fi…

Authorities Cited

• Franklin v. Brown, 159 So. 2d 893 (Fla. 1st DCA 1964)
• Emil Morton v. The Mastan Co., Inc., 181 So. 2d 575 (Fla. 3d DCA 1966)
• Myron Retzky v. J. A. Cantor Assocs., Inc., 192 So. 2d 24 (Fla. 3d DCA 1966)