CHARLES J. LIVINGSTON & ALLSTATE INSURANCE COMPANY, A FOREIGN INSURANCE COMPANY, APPELLANTS,
v.
WALTER MCREYNOLDS, APPELLEE
CHARLES J. LIVINGSTON & ALLSTATE INSURANCE COMPANY, A FOREIGN INSURANCE COMPANY, APPELLANTS,
WALTER MCREYNOLDS, APPELLEE
268 So. 2d 426
Florida District Court of Appeal, First District (1972)
Positive Treatment
Cited by 2 cases
Opinion of the Court
This cause having been orally argued before the court, the briefs and record on appeal having been read and given full consideration, and it appearing that reversible error has not been demonstrated, the judgment of the lower court hereby appealed is affirmed.
SPECTOR, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
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THE Florida BAR v. McCAIN, 361 So. 2d 700 (Fla. 1978)…on of Actions, Section 94. The Courts of Florida have, in a long line of cases, held these elements necessary to constitute laches. Niagara Fire Insurance Co. v. Allied Electrical Co., 319 So. 2d 594 (Fla. 3rd DCA 1975); Winston v. Dura-Tred Corp., 268 So. 2d 426 (Fla. 3rd DCA 1972); Blumin v. Ellis, 186 So. 2d 286 (Fla. 2nd DCA 1966); and Van Meter v. Kelsey, 91 So. 2d 327 (Fla.1956). The Florida Bar has been diligent in its efforts and does not fall within any of the requirements for laches set forth above…
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Niagara Fire Ins. Co. v. Allied Elec. Co., 319 So. 2d 594 (Fla. 3d DCA 1975)…plaintiff. Four elements are necessary to establish laches as a bar to relief. These elements are set out by the Florida Supreme Court in Van Meter v. Kelsey, 1956, 91 So. 2d 327, and by this court in Winston v. Dura-Tred Corporation, Fla.App.1972, 268 So. 2d 426, as follows: (1) conduct on the part of the defendant or one under whom he claims, giving rise to the situation of which complaint is made; (2) the plaintiff, having had knowledge or notice of the defendant’s conduct, and having been afforded the op…