HARVEY GOODMAN, APPELLANT,

v.

MARVIN BROXMEYER, D/B/A MARVIN CLICK, APPELLEE

Citator

Cited By

• Citibank, N.A. v. Plapinger, 469 So. 2d 144 (Fla. 3d DCA 1985)
  …olates mandate); Home Savings & Loan Association v. Epperson, 427 So. 2d 246 (Fla. 4th DCA 1983) (trial court’s withholding of execution on judgment, however well intentioned, constitutes unauthorized effort to alter mandate); Silverman v. Lichtman, 296 So. 2d 495 (Fla. 3d DCA 1974) (trial court’s order allowing 180 days for restitution violates mandate ordering restitution). Accordingly, the trial court’s order on remand is reversed insofar as it allows the respondent ninety days to produce the listed docu…
• Abe Baum v. Ardis Heiman, 528 So. 2d 63 (Fla. 3d DCA 1988)
  …general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment. State ex rel. Hill v. Hearn, 99 So. 2d 231 (Fla.1957); Silverman v. Lichtman, 296 So. 2d 495 (Fla. 3d DCA [*64] 1974); Mann v. Thompson, 118 So. 2d 112 (Fla. 1st DCA 1960). However, such restitution is appropriate against the party who prevailed under the erroneous judgment or decree, not third parties, as is Baum. Simms v. City of Tampa, 5…
• Home Sav. & Loan Ass'n OF Fla. v. Epperson, 427 So. 2d 246 (Fla. 4th DCA 1983)
  …ter the letter and spirit of this Court’s opinion in Home Savings and Loan Ass’n v. Turtle Reef Associates, supra, and the consequent mandate. As such, the effort must be reversed. Berger v. Leposky, 103 So. 2d 628 (Fla.1958); Silverman v. Lichtman, 296 So. 2d 495 (Fla. 3d DCA 1974); Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 328 So. 2d 825 (Fla.1975) and Robbins v. Pfeiffer, 407 So. 2d 1016 (Fla. 5th DCA 1981). It should be clearly understood that our gaze here is limited to the issue o…

Authorities Cited

• Ervin M. Smith, Jr. v. State, 204 So. 2d 31 (Fla. 3d DCA 1967)
• Elester S. Roberts v. State, 169 So. 2d 43 (Fla. 2d DCA 1964)
• Graham v. Commonwealth Life Ins. Co., 114 Fla. 585 (Fla. 1934)