ELIZABETH LAROSSA, APPELLANT,

v.

JAY GLYNN ET AL., APPELLEES

Citator

Cited By

• Bystrom v. Equitable Life Assurance Soc'y OF the United States, 416 So. 2d 1133 (Fla. 3d DCA 1982)
  …effect of the evidence or a palpable misconception of the facts, either of which is reversible error under the circumstances. Holland v. Gross, 89 So. 2d 255 (Fla.1956); Winton v. Stone, 107 Fla. 636, 145 So. 845 (1933); Whitman v. Pet Incorporated, 335 So. 2d 577 (Fla. 3d DCA 1976), cert. dismissed, 348 So. 2d 951 (Fla.1977). For the trial court’s exclusion of actual operating income data for the fiscal year and failure to consider Blake’s expert opinion, we reverse and remand for a new trial on the Taxpaye…
• Fernandez v. Vazquez, 397 So. 2d 1171 (Fla. 3d DCA 1981)
  …sal. . The arbitrary and capricious rule does not apply where (a) the lease specifically provides that consent may not be unreasonably withheld, Popovic v. Florida Mechanical Contractors, Inc., 358 So. 2d 880 (Fla.2d DCA 1978); Whitman v. Pet Inc., 335 So. 2d 577 (Fla.3d DCA 1976); Catalina, Inc. v. Biscayne Northeast Corp. of Florida, 296 So. 2d 580 (Fla.3d DCA 1974); Johnson v. Jaquith, 189 So. 2d 827 (Fla.4th DCA 1966); or (b) the lessor has waived the right to withhold consent by accepting benefits, Cros…
• SUN First Nat'l Bank OF Orlando v. Grinnell, 416 So. 2d 829 (Fla. 5th DCA 1982)
  …senseless, and stupid. Another court has said that the determination of what is “unreasonable” is one where, under the evidence presented, there is no room for difference of opinion among reasonable minds. 454 S.W. 2d at 814. In Whitman v. Pet Inc., 335 So. 2d 577 (Fla. 3d DCA 1976), cert. dismissed 348 So. 2d 951 (Fla.1977), the court stated that the burden was on the lessee to show that consent was unreasonably withheld and was not on the lessor to show that consent was reasonably withheld. In order to esta…

Authorities Cited

• Hohweiler v. Hohweiler, 167 So. 2d 73 (Fla. 2d DCA 1964)
• La Rossa v. Glynn, 302 So. 2d 467 (Fla. 3d DCA 1974)