ALEXANDER G. HARRIS, APPELLANT,
v.
AETNA INSURANCE COMPANY, A CONNECTICUT CORPORATION, AND CONTINENTAL CASUALTY COMPANY, AN ILLINOIS CORPORATION, APPELLEES
The appellant was the plaintiff in a declaratory decree action in which he sought to establish that his policies of insurance with the defendant-appellee were in effect on a day certain. The basis for the claimed coverage on the day designated was an alleged notification by telephone. The trial court found as a matter of fact that the phone call was not made. This finding is supported by evidence in the record. The judgment is therefore affirmed upon authority of Board of County Com’rs of Highlands County v. F. A. Sebring Realty Co., Fla.1953, 63 So.2d 256; Highland Lakes, Inc. v. Art Present Real Estate, Inc., Fla.App.1962, 147 So.2d 348, 349.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Knight v. Global Contact Lens, Inc., 319 So. 2d 622 (Fla. 3d DCA 1975)…in personam jurisdiction, the trial court lacked authority to include appellant, Belva Knight in the final judgment on costs and damages. T. J. K. v. N. B., Fla.App.1970, 237 So. 2d 592; and Fidelity-Philadelphia Trust Company v. Ball, Fla.App.1968, 208 So. 2d 282. Therefore, this portion of said order is reversed. Secondly, we find that it was error for the trial court not to include any award of attorney’s fees as an element of damages suffered by appellant, Karl Knight. This court has previously concluded…
-
Nationwide Terminals, Inc. v. MC Constr. Grp., Inc., 964 So. 2d 705 (Fla. 3d DCA 2007)…m a counterclaim might be filed. Hall v. McDonough, 216 So. 2d 84, 85 (Fla. 2d DCA 1968). A counterclaim cannot properly be brought or maintained against that plaintiff in its individual capacity. Id. Accord, Fidelity-Philadelphia Trust Co. v. Ball, 208 So. 2d 282 (Fla. 3d DCA 1968). Moreover, Florida Rule of Civil Procedure 1.170 states that a counterclaim may only be brought against an “opposing party.” Here, National Union is the plaintiff in the underlying case only because it is the assignee of the origi…
-
Hall v. McDONOUGH, 216 So. 2d 84 (Fla. 2d DCA 1968)…ght and sues only as guardian. This she may do because the law regards her as a separate legal person while acting in this capacity. The counterclaim against Mrs. Hall individually should have been dismissed. Fidelity-Philadelphia Trust Co. v. Ball, 208 So. 2d 282 (Fla.App.1968). Reversed and remanded. LILES, C. J., and ALLEN, J., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Highland Lakes, Inc. v. ART Present Real Est., Inc., 147 So. 2d 348 (Fla. 3d DCA 1962)
- Bd. of Cnty. Com'rs of Highlands Cnty. v. F. A. Sebring Realty Co., 63 So. 2d 256 (Fla. 1953)