ALICE WINTERS BEATTY, A WIDOW AND SINGLE WOMAN, APPELLANT,
v.
JOE D. SMITH AND BILLIE SMITH, HIS WIFE, APPELLEES
ALICE WINTERS BEATTY, A WIDOW AND SINGLE WOMAN, APPELLANT,
JOE D. SMITH AND BILLIE SMITH, HIS WIFE, APPELLEES
262 So. 2d 467
Florida District Court of Appeal, First District (1972)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The briefs and the record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court is affirmed.
CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
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Juno Indus., Inc. v. Heery Int'l, 646 So. 2d 818 (Fla. 5th DCA 1994)…e trial court may not determine factual issues nor consider either the weight of the conflicting evidence or the credibility of witnesses in determining whether a genuine issue of material fact exists in a summary judgment proceeding. State v. West, 262 So. 2d 467, 458 (Fla. 4th DCA 1972) (quoted in Security First Fed. Sav. & Loan Assoc. v. Broom, Cantrell, Moody & Johnson, 560 So. 2d 304, 307 (Fla. 1st DCA 1990), disapproved on other grounds, Garden v. Frier, 602 So. 2d 1273, 1277 n. 10 (Fla.1992)); see also…
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Harvey v. Otto John Fischer, 424 So. 2d 211 (Fla. 2d DCA 1983)…PER CURIAM. A claim for damages for wrongful attachment cannot be prosecuted by a counterclaim in the same suit in which the attachment was obtained. Calcagni v. Mamber, 262 So. 2d 467 (Fla. 3d DCA 1971); Martin v. Martin, 196 So. 2d 26 (Fla. 2d DCA 1967); Ritter v. Miami Marine Agency, Inc., 133 So. 2d 107 (Fla. 3d DCA 1961). Therefore, we reverse the determination of wrongful attachment without prejudice to appellee to seek re…