EVERETT JUNIOR COLEGROVE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Title & Tr. Co. OF Fla. v. Parker, 468 So. 2d 520 (Fla. 1st DCA 1985)
  …of this contract, since to do so would violate the public policy of this state. Dept. of Motor Vehicles for Use and Benefit of Fifth Avenue Motors, Ltd. v. Mercedes-Benz of North America, Inc., 408 So. 2d 627, 630 (Fla. 2d DCA 1981), Frye v. Taylor, 263 So. 2d 835, 840 (Fla. 4th DCA 1972) (same). Where the contract contains a clause that is illegal, a court ought not to enforce the illegal term, as a contract cannot give validity to an otherwise illegal act. Brumby v. City of Clearwater, 108 Fla. 633, 149 So.…
• Phillips Chem. Co. v. Morgan, 440 So. 2d 1292 (Fla. 3d DCA 1983)
  …ed. Connelly, supra. It is clear also that, as a general rule, the courts will not encourage conduct which is thus-repugnant to public policy by serving as an instrument for the enforcement of any supposed right which arises from it. Frye v. Taylor, 263 So. 2d 835 (Fla. 4th DCA 1972). In Excel Handbag Co. v. Edison Brothers Stores, Inc., supra, the Fifth Circuit, speaking through Judge Fay, stated that Florida would apply these principles to bar an action, like Gam-Co’s, for goods sold and delivered. We confi…
• Kulla v. E.F. Hutton & Co., Inc., 426 So. 2d 1055 (Fla. 3d DCA 1983)
  …gages in a fraudulent scheme, that is, acts in pari delicto, may forfeit his right to any legal remedy against a co-perpetrator. Goldring v. Johnson, 65 Fla. 381, 62 So. 212 (1913); Horjales v. Loeb, 291 So. 2d 92 (Fla. 3d DCA 1974); Frye v. Taylor, 263 So. 2d 835 (Fla. 4th DCA 1972). The rationale underlying this principle, in its most distilled form, is that the “law will not lend its support to a claim founded on its own violation,” Robert G. Lassiter & Co. v. Taylor, 99 Fla. 819, 832, 128 So. 14, 19 (1930…

Authorities Cited

• Steinhauser v. State, 228 So. 2d 446 (Fla. 2d DCA 1969)