CHARLES CURRY COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1970-03-20
No. 69-59
WALDEN and REED, JJ., concur., McCAIN, J., dissents, with opinion.
233 So. 2d 140 Florida District Court of Appeal, Fourth District (1970) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

During recent civil disorders in Fort Pierce, the defendant was observed by a police officer while defendant was engaged in breaking the glass door of a store. He was tried and found guilty of breaking and entering with intent to commit a misdemeanor. He appeals and challenges, among other things, the sufficiency of the evidence and the propriety of certain prosecution tactics. We have examined the record and considered the briefs and arguments of counsel and are of the opinion that no reversible error has been made to appear and that the judgment should be affirmed.

Affirmed.

WALDEN and REED, JJ., concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge

(dissenting) :

See my dissent in Brown v. State, Fourth District Court of Appeal, 232 So.2d 55, opinion filed February 12, 1970.

Dissent
McCAIN, Judge

McCAIN, Judge

(dissenting) :

See my dissent in Brown v. State, Fourth District Court of Appeal, 232 So. 2d 55, opinion filed February 12, 1970.

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  • Opler v. Wynne, 402 So. 2d 1309 (Fla. 3d DCA 1981)
    …inary agreements and understandings relative to the sale of land usually merge into the deed of conveyance. Milu, Inc. v. Duke, 204 So. 2d 31 (Fla. 3d DCA 1967). The same rule applies to covenants contained in a land sale contract. Stephan v. Brown, 233 So. 2d 140 (Fla. 2d DCA 1970). However, there is a clear exception as to covenants in a land sale contract, which are outside of, collateral to, or independent of the provisions of the deed; they survive delivery and acceptance of the deed of conveyance and re…
  • Am. Nat'l Self Storage, Inc. v. Lopez-Aguiar, 521 So. 2d 303 (Fla. 3d DCA 1988)
    …convey land merges or extinguishes the covenants and stipulations contained in the contract does not apply....” Milu, Inc. v. Duke, 204 So. 2d 81, 33 (Fla. 3d DCA 1967). See Peterson v. Peterson, 431 So. 2d 672 (Fla. 3d DCA 1983); Stephan v. Brown, 233 So. 2d 140 (Fla. 2d DCA 1970); St. Clair v. City Bank & Trust Co., 175 So. 2d 791 (Fla. 2d DCA 1965). It is said that “[i]n such case, the delivery of the conveyance is merely a part performance of the contract, which remains binding as to its further provisio…
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  • S. Nat'l Track Servs., Inc. v. DJ Gilley, 152 So. 3d 13 (Fla. 1st DCA 2014)
    …We last address the trial court’s summary conclusion that the contractual warranty at issue merged with the deed at the time of closing, thus, presumably, precluding Appellant’s claim. The court cited as support for its conclusion Stephan v. Brown, 233 So. 2d 140 (Fla. 2d DCA 1970). That case stands for the proposition that a real estate contract becomes merged with the deed and that, absent the existence of a warranty in the deed, the seller is “under no duty or obligation with respect to any warranty again…

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