SAMUEL ALAN MORTON, APPELLANT,
v.
RICHARD BROOKS, A/K/A TONY BROOKS, ET AL., APPELLEES

Fla. 4th DCA | 1975-10-03
No. 74-1700
CROSS, OWEN and DOWNEY, JJ., concur.
319 So. 2d 100 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have reviewed the briefs and record in this cause and find that under the circumstances presented to the trial court the appellant has failed to show the trial court abused his broad discretion in vacating the default judgment. We note that the order appealed from was based not only upon appellees’ written motion to vacate but also upon testimony taken at the hearing on said motion, which testimony is not contained in the record on appeal.

Affirmed.

CROSS, OWEN and DOWNEY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gellert v. E. AIR Lines, Inc., 370 So. 2d 802 (Fla. 3d DCA 1979)
    …use of action. In short, neither the actions of the defendant, see Slocum v. Food Fair Stores of Florida, Inc., 100 So. 2d 396 (Fla.1958); Dowling v. Blue Cross of Florida, Inc., 338 So. 2d 88 (Fla. 1st DCA 1976); Fletcher v. Florida Publishing Co., 319 So. 2d 100 (Fla. 1st DCA 1975), separate holding quashed, 340 So. 2d 914 (Fla.1976); Korbin v. Berlin, 177 So. 2d 551 (Fla. 3d DCA 1965), cert. dism., 183 So. 2d 835 (Fla.1966); Restatement of Torts, Second, § 46, comments d, g, i; nor the effect of those acti…
  • Fla. Publ'g Co. v. Klenna Ann Fletcher, 340 So. 2d 914 (Fla. 1976)
    …cient basis for the tort of invasion of privacy, entitling the injured party (appellant here) to such damages incident to the trespass action as may be proved to have resulted therefrom. . . . ” (Footnotes omitted) Fletcher v. Fla. Publishing Co., 319 So. 2d 100, 111 (Fla. 1st DCA 1975). It might be asserted that there is conflict on the issue of trespass with the decision of this Court in Prior v. White, 132 Fla. 1, 180 So. 347 (1938). The Prior case dealt with the constitutionality of a municipal ordinan…
    1 / 3
  • Dowling v. Blue Cross OF Fla., Inc., 338 So. 2d 88 (Fla. 1st DCA 1976)
    …e mental anguish to the surviving relatives is not only the natural and probable consequence of the character of wrong committed, but indeed is frequently the only injurious consequence to follow from it.” In Fletcher v. Florida Publishing Company, 319 So. 2d 100 (Fla. 1 DCA 1975), presently pending on petition for certiorari in the Florida Supreme Court, this court stated the following with regard to the tort of intentional infliction of emotional distress. “. . .To sustain such an action the complaint mus…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw