ALLISON S. BUNKER, PETITIONER,

v.

SOUTHERN BELL TELEPHONE & TELEGRAPH CO., ET AL.

Citator

Cited By

• Parsons v. Motor Homes OF Am., Inc., 465 So. 2d 1285 (Fla. 1st DCA 1985)
  …before judgment is entered.” (emphasis supplied). The Fifth District acknowledged that its Monco decision and other Fifth District decisions on point are in conflict with Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526 (Fla. 3rd DCA), cert. denied, 298 So. 2d 416 (Fla.1974), relied upon by Motor Homes. Conflict notwithstanding, the Monco court went on to say, “[w]e see no policy consideration in the requirement that multiple actions should be required to prove one remedy, if a plaintiff is entitled to one of…
• Rolf's Marina, Inc. v. Rescue Serv. & Repair, Inc., 398 So. 2d 842 (Fla. 3d DCA 1981)
  …s for fraudulent misrepresentation. Upon oral motion on the day of trial, the circuit court properly ordered appellant to make an election between recision or damages, Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526 (Fla.3d DCA 1974), cert. denied, 298 So. 2d 416 (Fla.1974); appellant chose the former. At trial, it was established that appellant had inadvertently affirmed the contract for sale by his tender, months after the zoning problem came to light, of an annual mortgage payment. Since, by that ratifica…
• Monco OF Orlando, Inc. v. ITT Indus. Credit Corp., 458 So. 2d 332 (Fla. 5th DCA 1984)
  …A 1983); General Electric Company v. Atlantic Shores, Inc., 436 So. 2d 974 (Fla. 5th DCA 1983); Erwin v. Scholfield, 416 So. 2d 478 (Fla. 5th DCA 1982). Appellee relies on Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526 (Fla. 3d DCA), cert. denied, 298 So. 2d 416 (Fla.1974), as authority for the proposition that the trial court did not err in requiring the election between inconsistent remedies before trial. That case involved one count for rescission of a contract and another count for damages. Finding that…