ALAN ROSS MINCHER, A MINOR, BY HIS FATHER AND NEXT FRIEND, JOSEPH E. MINCHER, AND JOSEPH E. MINCHER, INDIVIDUALLY, APPELLANTS,
v.
MIDWEST MUTUAL INSURANCE COMPANY, APPELLEE
ALAN ROSS MINCHER, A MINOR, BY HIS FATHER AND NEXT FRIEND, JOSEPH E. MINCHER, AND JOSEPH E. MINCHER, INDIVIDUALLY, APPELLANTS,
MIDWEST MUTUAL INSURANCE COMPANY, APPELLEE
288 So. 2d 277
Florida District Court of Appeal, Third District (1974)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Lopez v. Midwest Mutual Insurance Company, Fla.App.1969, 223 So. 2d 550.
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Rosa v. Ortega, 392 So. 2d 40 (Fla. 4th DCA 1980)…ssue to the trial court for a determination on the merits on motion for summary judgment. Accordingly, appellant cannot raise the issue of GMC’s failure to deny her allegations of agency for the first time on appeal. Cosid v. Bay Steel Products Co., 288 So. 2d 277 (Fla. 4th DCA 1974). Appellant’s next contention is that the dealer franchise agreement between South Bay and GMC gave GMC the right to control South Bay’s methods of operation to such an extent that a jury question was presented as to whether Sout…
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Wildwood Props., Inc. v. Archer OF Vero Beach, Inc., 621 So. 2d 691 (Fla. 4th DCA 1993)…ing of summary judgment on appellant’s lien foreclosure against appellee, we affirm because the grounds now raised were not brought to the attention of the trial court in opposition to the summary judgment. See Cosid, Inc. v. Bay Steel Products Co., 288 So. 2d 277 (Fla. 4th DCA 1974) (argument regarding [*693] the propriety of raising of affirmative defenses by way of summary judgment motion not properly before the court as no objection had been made at the trial court); Marks v. Delcastillo, 386 So. 2d 1259…
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Nicholas v. First Interstate Dev. Corp., 315 So. 2d 238 (Fla. 4th DCA 1975)…the court below and not to permit the presentation of points, grounds or objections for the first time in the appellate court. 2 Fla.Jur., Appeals, Sec 290; also Wyrembek v. Frey, Fla.App., 231 So. 2d 222; Cosid v. Bay Steel Products Co., Fla.App., 288 So. 2d 277; Palmer v. Thomas, Fla.App., 284 So. 2d 709. Nor can the record void be cured by the court taking judicial notice of any amended ordinance. The established rule is to the contrary. Haverty v. State of Florida, Fla.App., 258 So. 2d 18; Conrad v. Jac…
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- Lopez v. Midwest Mut. Ins. Co., 223 So. 2d 550 (Fla. 3d DCA 1969)