FRANK J. ROONEY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
GEORGE L. HULING, D/B/A LIBRA ENTERPRISES, APPELLEE
FRANK J. ROONEY, INC., A FLORIDA CORPORATION, APPELLANT,
GEORGE L. HULING, D/B/A LIBRA ENTERPRISES, APPELLEE
313 So. 2d 775
Florida District Court of Appeal, Fourth District (1975)
Positive Treatment
Cited by 5 cases
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Opinion of the Court
PER CURIAM.
Affirmed.
CROSS, J., and LEWIS, ROYCE R., Associate Judge, concur. WALDEN, J., dissents with opinion.
Dissent
WALDEN, Judge
(dissenting):
It is my conviction that the judgment should be reversed and remanded with instructions to enter judgment for defendant, Frank J. Rooney, Inc. Just in sum, it is my view that two reversible errors were committed:
First, the trial court, under the proofs and law, erred when it denied the defendant’s Motion For Directed Verdict. Plaintiff did not prove a persistent refusal to pay an installment and plaintiff did not prove an inability or determination by defendant not to pay an installment when the installment was not specifically due on a date certain and, in the interim, the plaintiff had terminated performance.
Second, the trial court erred in awarding interest to plaintiff after the return of the jury verdict. Plaintiff did not prove or claim interest as an element of damages. The jury did not return a verdict for interest and it in no way indicated an intention to include interest in its verdict.
I respectfully dissent.
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Microclimate Sales Co., Inc. v. Doherty, 731 So. 2d 856 (Fla. 5th DCA 1999)…rial court’s exercise of Rule 1.270 powers will not be reversed absent an abuse of discretion. Department of Trans. v. Powell, 721 So. 2d 795, 797-98 (Fla. 1st DCA 1998); Bernstein v. Dwork, 320 So. 2d 472, 474 (Fla. 3d DCA 1975); Sail v. Luxenberg, 313 So. 2d 775, 776 (Fla. 4th DCA 1975). Further, bifurcation is generally proper absent a specific threat of inconsistent verdicts or prejudice to a party. See, e.g., Diamond v. Whaley, Chapman & Hannah, M.D.’s, 550 So. 2d 54 (Fla. 2d DCA 1989)(severance of issue…
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Jodhi Valliappan v. Cruz, 917 So. 2d 257 (Fla. 4th DCA 2005)…to usury were also relevant to, and intermingled with, other issues in the case, such as the nature of the parties’ business deal, whether Cruz was defrauded, and whether there was a conspiracy between Valliappan and his wife. See Sall v. Luxenberg, 313 So. 2d 775, 776 (Fla. 4th DCA 1975) (holding it was an abuse of discretion to separate trials where issues were “entwined and intermingled”). Next, Valliappan argues that the trial court erred in rejecting his usury defense because the “loan investment” invol…
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IVY Chase Apt. Prop. v. IVY Chase Apts., 352 So. 3d 33 (Fla. 2d DCA 2022)…als "will not be reversed absent an abuse of discretion" (first citing Dep't of Transp. v. Powell, 721 So. 2d 795, 797–98 (Fla. 1st DCA 1998); then citing Bernstein v. Dwork, 320 So. 2d 472, 474 (Fla. 3d DCA 1975); and then citing Sall v. Luxenberg, 313 So. 2d 775, 776 (Fla. 4th DCA 1975))). However, the Debtors do not argue that the trial court abused its discretion by ordering a separate trial on standing only; instead, they argue that the trial court abused its discretion by failing to involuntarily dism…