EDNA B. PETTERSON AND JAMES H. PETTERSON, PETITIONERS,
v.
WINN-DIXIE MONTGOMERY, INC., RESPONDENT

Fla. | 1974-10-18
No. 45519
ADKINS, C. J., and BOYD, McCAIN, DEKLE and OVERTON, JJ., concur.
302 So. 2d 417 Florida Supreme Court (1974) Positive Treatment
Cited by 2 cases

Opinion of the Court

Certiorari dismissed.

ADKINS, C. J., and BOYD, McCAIN, DEKLE and OVERTON, JJ., concur.


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  • Bliss v. Carmona, 418 So. 2d 1017 (Fla. 3d DCA 1982)
    …5 (1934); Williams, Salomon, Kanner & Damian v. American Bankers Life Assurance Co. of Florida, 379 So. 2d 119 (Fla. 3d DCA 1979), aff’d after remand, 399 So. 2d 365 (Fla. 3d DCA 1981); Roberts v. Harkins, 292 So. 2d 603 (Fla. 2d DCA), cert. denied, 302 So. 2d 417 (Fla. 1974); Miller, Starr & Regalia, Subordination Agreements, 13 U.C.L.A. L. Rev. 1298, 1299 (1966). Under these circumstances, the seller may not be heard to complain. For these reasons, I would affirm.…
  • …ender owes no duty to others to supervise the actual construction which it has financed. Napolitano v. Security First Federal Savings & Loan, 533 So. 2d 948 (Fla. 5th DCA 1988). In Roberts v. Harkins, 292 So. 2d 603 (Fla. 2d DCA 1974), cert. denied, 302 So. 2d 417 (Fla.1974), the court held that an agreement between a prior mortgagee and the mortgagor that any subordination would be for construction purposes only was not binding on the later mortgagee who was not a party to such agreement and that the later m…

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