GEORGE WHYEL, APPELLANT,
v.
AUDREY M. SMITH, JOINED BY HER HUSBAND, ALBERT F. SMITH, APPELLEES
GEORGE WHYEL, APPELLANT,
AUDREY M. SMITH, JOINED BY HER HUSBAND, ALBERT F. SMITH, APPELLEES
101 Fla. 971
Florida Supreme Court (1931)
Positive Treatment
Also reported at: 134 So. 552
Cited by 25 cases
Opinion of the Court
The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, .ordered and decreed by the Court that the decree of the court below should be, and the same is hereby, affirmed.
Strum, C.J., and Whitfield, Ellis, Terrell, Brown and Buford, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Nat'l Sur. Corp. v. Myron S. Bimonte, 143 So. 2d 709 (Fla. 3d DCA 1962)…Under the circumstances the trial court was correct in entering summary judgment in favor of the appellee. Accordingly, the summary judgment appealed is affirmed. Affirmed. . Fowler v. Lee, 106 Fla. 712, 143 So. 613; Whyel v. Smith, 101 Fla. 971, 134 So. 552.…
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In re the Est. OF Charles E. Mundell, Jr. v. Cowan, 459 So. 2d 358 (Fla. 5th DCA 1984)…he insured’s intent and plan for disposition of his assets. Subrogation should not be allowed if it works any injustice to the rights of others. Federal Land Bank of Columbia v. Godwin, 107 Fla. 537, 145 So. 883 (1933); Whyel v. Smith, 101 Fla. 971, 134 So. 552 (1931). Accordingly, the judgment entered below is REVERSED. DAUKSCH, J., concurs, without participation at oral argument. COWART, J., dissents with opinion. . See Chaplin v. Merchants Nat’l Bank of Aurora, III., 186 F.Supp. 273 (N.D. 111.1959);…
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Rubio v. Mauricio Rubio, 452 So. 2d 130 (Fla. 2d DCA 1984)…itled to be reimbursed out of the $25,000 recovered by the wife. [*132] However, one is not entitled to be subro-gated to the right of a creditor until the claim of the creditor against the debtor has been paid in full. Whyel v. Smith, 101 Fla. 971, 134 So. 552 (1931); Furlong v. Leybourne, 138 So. 2d 352 (Fla. 3d DCA 1962). Since the value of the wife’s claim was established to be worth at least $250,000, it could hardly be said that she was paid in full by the receipt of $25,000. If the posture of the hu…
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