HAROLD J. GARTNER, APPELLANT,
v.
ROBERT L. WINTER, TRUSTEE, ET AL., APPELLEES
HAROLD J. GARTNER, APPELLANT,
ROBERT L. WINTER, TRUSTEE, ET AL., APPELLEES
270 So. 2d 470
Florida District Court of Appeal, Third District (1972)
Positive Treatment
Cited by 1 case
Opinion of the Court
This is an interlocutory appeal brought by Harold J. Gartner from an order of the trial court which denied appellant’s motion to intervene in a creditor’s action. The order entered by the court below will be affirmed because appellant seeks to relitigate in a subsequent suit between the same parties issues that have previously been determined in an earlier lawsuit. Field v. Field, Fla.1956, 91 So.2d 640; Gordon v. Gordon, Fla.1952, 59 So.2d 40, cert. den. 344 U.S. 878, 73 S.Ct. 165, 97 L.Ed. 680; Nelson v. Rever, Fla.App.1972, 264 So.2d 879; Bardwell v. Langston, Fla.App.1971, 244 So.2d 742.
Affirmed.
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Citator
Cited By
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Tuttle v. Division OF Administration, 327 So. 2d 841 (Fla. 1st DCA 1976)…e evidence and award no damages in a case in which all of the evidence is that business damages were sustained and only the amount is in question. Sallas v. State Road Dept., 220 So. 2d 378 (Fla.App. 1st, 1969); Upton v. State Road Dept. of Transp., 270 So. 2d 470 (Fla.App. 1st, 1972). The verdict in this case awarding as business' damages an amount equal to one year’s average net profit was not wholly without support in the evidence. The trial court declined to disturb the verdict and we will not do so. In…
Authorities Cited
- Sebastian v. THE City of Miami (Fla. 3d DCA 2020)
- Gordon v. Gordon, 344 U.S. 878 (U.S. 1952)
- Davena v. United States, 344 U.S. 878 (U.S. 1952)
- Morris v. State of Fla. & Nathan Mayo, 91 So. 2d 640 (Fla. 1956)
- Field v. Field, 91 So. 2d 640 (Fla. 1956)
- Bardwell v. Marlin Langston, 244 So. 2d 742 (Fla. 4th DCA 1971)
- Silver Court Trailer Park, Inc. v. Bonanza Charcoal Places, 264 So. 2d 879 (Fla. 3d DCA 1972)
- Nelson v. Rever, 264 So. 2d 879 (Fla. 3d DCA 1972)