RONALD STARDEVANT, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
RONALD STARDEVANT, PETITIONER,
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
209 So. 2d 485
Florida District Court of Appeal, First District (1968)
Positive Treatment
Cited by 3 cases
Opinion of the Court
By his petition for Habeas Corpus Ronald Stardevant alleged that he was being illegally restrained of his liberty by Louie L. Wainwright, Director of the Division of Corrections. This Court issued rule nisi to which the respondent has now filed his return demonstrating that he has petitioner in lawful custody.
Therefore, the rule nisi is discharged.
RAWLS, Acting C. J., and JOHNSON and SPECTOR, JJ. concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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NEW Holland, Inc. v. Trunk, 579 So. 2d 215 (Fla. 5th DCA 1991)…wever, has been recognized in Florida and other states, that a named creditor may, following breach of a special guaranty, assign his cause of action against the guarantor. Brunswick, 471 So. 2d at 618, citing Tobin v. Iowa Home Mutual Casualty Co., 209 So. 2d 485 (Fla. 3d DCA 1968) (upholding assignment made after breach giving rise to liability, after cause of action had accrued and legal action had been instituted); Burkhardt v. Bank of American National Trust & Savings Assoc., 127 Col. 251, 256 P. 2d 234…
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Brunswick Corp. v. Creel, 471 So. 2d 617 (Fla. 5th DCA 1985)…able. However, as noted above, this is a general rule and exceptions have been recognized such as that an obligee may, following breach of a special guaranty, assign his cause of action against the guarantor. Tobin v. Iowa Home Mutual Casualty Co., 209 So. 2d 485 (Fla. 3d DCA 1968); Burkhardt v. Bank of America Nat. Trust & Sav. Assoc., 127 Colo. 251, 256 P. 2d 234 (1953); In re Klink’s Estate, 310 Ill.App. 609, 35 N.E. 2d 684 (1941). See generally 38 C.J.S. Guaranty § 42(c). Indeed, at least one court has r…1 / 2