DREAM HOMES, INC., A FLORIDA CORPORATION,
v.
ABE KURMAN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a lower court's dismissal of a suit for accounting, finding that the plaintiff had no cause of action at the time the suit was filed because they had already transferred all their rights to a third party who had settled with the defendant.
No, the plaintiff did not have a cause of action against the defendant at the time the suit was instituted because all rights had been transferred to a third party, and a settlement had been reached with that third party.
“it was shown that the plaintiff had parted with all rights which it may have had against defendant before institution of suit.”
Establishes the key fact that the plaintiff no longer held rights to sue the defendant.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff filed a suit for accounting against the defendant. During the proceedings, it was revealed that the plaintiff had transferred all its ri…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Settlement cases and more on FLexlaw
In suit for accounting testimony was taken on the issues presented by bill and answer, with the result that it was shown that the plaintiff had parted with all rights which it may have had against defendant before institution of suit. Plaintiff’s grantee and assignee (a trustee for the benefit of creditors of plaintiff) was not made a party to the suit. It was shown, as alleged in the answer, that defendant had made full and complete settlement of the involved transaction with plaintiff’s grantee and assignee.
The chancellor found that plaintiff had no cause of action against the defendant at the date of institution of the suit and dismissed the bill of complaint.
No reversible error is made to appear and decree is affirmed.
So ordered.
Affirmed.
BROWN, C. J„ WHITFIELD, and ADAMS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bambrick v. Bambrick, 165 So. 2d 449 (Fla. 2d DCA 1964)…s have been approved by the County Judge’s Court and the guardian has been discharged. Turner v. Andrews, 1940, 143 Fla. 88, 196 So. 449; Beck v. Barnett National Bank of Jacksonville, Fla.App.1960, 117 So. 2d 45; In re Nusbaum’s Guardianship, 1943, 152 Fla. 31, 10 So. 2d 661; American Surety Co. of New York v. Andrews, 1943, 152 Fla. 638, 12 So. 2d 599; Krivitsky v. Nye, 1944, 155 Fla. 45, 19 So. 2d 563.4 A court of equity may set aside deeds made by a personal representative appointed by the probate cour…
-
Am. Sur. Co. OF NEW York v. Andrews, 152 Fla. 638 (Fla. 1943)…of each of the mortgage securities and their utter worthlessness. These findings of fact are binding on this Court. See Kent v. Knowles, 101 Fla. 1375, 133 So. 315; Maxcy, Inc. v. Batement, 119 Fla. 490, 160 So. 745. The case of Nusbaum v. Nusbaum, 152 Fla. 31, 10 So. (2nd) 661, involved an investment of the funds of an incompetent by the guardian. The funds were invested in a vacant lot at Daytona Beach 1925 by the guardian. The sum of $1234.00 (plus $150.00 as interest) of the incompetent was invested i…
-
Romano v. Olshen, 153 So. 3d 912 (Fla. 4th DCA 2014)…“charged with the responsibility of protecting an incompetent and his property.” Cohen v. Cohen, 346 So. 2d 1047, 1048 (Fla. 2d DCA 1977) (citing Am. Surety Co. v. Andrews, 152 Fla. 638, 12 So. 2d 599 (1943)); see also In re Nusbaum’s Guardianship, 152 Fla. 31, 10 So. 2d 661, 663 (1942) (stating that a guardian’s acts are “always open to the rigid scrutiny of courts of equity” (citations omitted)); In re Estate of Howard, 542 So. 2d 395, 397 (Fla. 1st DCA 1989). Guardianship courts “have wide discretion i…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence