EGIDI INDUSTRIAL PARK CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
WIDE OPEN SPACES, INC., A FLORIDA CORPORATION, AND SECOND NATIONAL BANK OF NORTH MIAMI, A UNITED STATES BANKING CORPORATION, APPELLEES; EGIDI INDUSTRIAL PARK CORPORATION, A FLORIDA CORPORATION, APPELLANT, V. WIDE OPEN SPACES, INC., ET AL., APPELLEES
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.
Egidi Industrial Park Corporation appealed from a trial court's dismissal of its cross-claim against Second National Bank, denial of supersedeas relief, and entry of summary judgment in favor of Wide Open Spaces, Inc. in a mortgage foreclosure action. The appellate court affirmed, finding no reversible error in the trial court's determinations.
The trial court properly dismissed the cross-claim because appellant had an adequate remedy at law, and the summary judgment in favor of Wide Open Spaces, Inc. was affirmed as neither clearly erroneous nor manifestly against the weight of the evidence.
[1] A trial court's judgments and orders are presumed correct, and the burden of demonstrating error rests on the party asserting it.
[2] A cross-claim seeking equitable relief, such as specific performance of an oral agreement, may be dismissed if the claimant has an adequate remedy at law.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Judgments and orders of the trial court come to this court clothed with a presumption of correctness and the burden of showing error is on the one who asserts it.”
Establishes the standard of review and burden of proof on appeal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant purchased real property from Wide Open Spaces, Inc., paying $148,000 cash and executing a $162,000 purchase money mortgage. Second National …
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 Presumption Of Correctness Of Trial Court Orders cases and more on FLexlaw
HENDRY, Judge.
Appellant, defendant and cross-claimant below, brings these consolidated appeals from the following three orders of the trial court: (1) an order dated September 25, 1975, granting appellee’s Second National Bank of North Miami (Bank), defendant and cross defendant below, motion to dismiss appellant’s cross-claim, (2) an order dated December 22, 1975, denying appellant’s motion for supersedeas and setting of supersedeas bond, and (3) an order dated December 23, 1975, denying appellant’s motion for cancelling and vacation of sale. Further, appellant appeals from an adverse final judgment dated October 24, 1975, in favor of appellee Wide Open Spaces, Inc. Appellant purchased certain real property from appellee Wide Open Spaces, Inc., by paying cash in the amount of $148,000 and giving a purchase money note and mort gage for the amount of $162,000. Appellee Bank held a junior security interest in the property. Following appellant’s default on its debt to appellee Wide Open Spaces, Inc., it filed a foreclosure action on the mortgage, joining appellee Bank as an inferior lien holder. Appellant’s answer to the foreclosure action contained a cross-claim against appel-lee Bank for, among other things, equitable relief seeking specific performance of an oral agreement, between the Bank and appellant, whereby the Bank was to advance it funds for certain purposes. Among these purposes, were funds to pay the debt to appellee Wide Open Spaces, Inc. Appellee Bank’s motion to dismiss the cross-claim was granted and the trial court specifically found that appellant had an adequate remedy at law. It should be noted that appellee Wide Open Spaces, Inc., was not a party to the oral agreement between appellant and appellee Bank.
After a hearing, appellee Wide Open Spaces, Inc., moved for final summary judgment which was granted on October 24, 1976. Subsequently, the trial court denied appellant’s motions for supersedeas and setting supersedeas bond and for cancellation and vacation of the foreclosure sale. From these orders and final judgment, appellant appeals.
Appellant contends, basically, that the trial court’s orders and final judgment were clearly erroneous and manifestly against the weight of the evidence and the applicable law.
Judgments and orders of the trial court come to this court clothed with a presumption of correctness and the burden of showing error is on the one who asserts it. See, e. g., Fernandez v. Arocha, 308 So. 2d 45 (Fla.3d DCA 1975); Leggett v. Seaboard Coast Line R. Co., 221 So. 2d 16 (Fla.App.1st DCA 1969); and 2 Fla.Jur., Appeals §§ 314 and 316. In the instant case, we have carefully considered the record, all points in the briefs and arguments of counsel in the light of the controlling principles of law and have concluded that no reversible error has been demonstrated. Therefore, for the reasons stated and upon the authorities cited, the orders and final judgment appealed are affirmed,
Affirmed,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Delio Perez v. Gill, 362 So. 2d 987 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed. See Bould v. Touchette, 349 So. 2d 1181 (Fla.1977); Egidi Industrial Park Corp. v. Wide Open Spaces, Inc., 335 So. 2d 870 (Fla. 3d DCA 1976); Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3d DCA 1975); Talcott v. Holl, 224 So. 2d 420 (Fla. 3d DCA 1969); and Wilkinson v. Grover, 181 So. 2d 591 (Fla. 3d DCA 1966).…
-
Bogen v. Florio, 356 So. 2d 1277 (Fla. 3d DCA 1978)…lusion that no reversible error has been demonstrated. Therefore, because appellants have failed to clearly show any such error, the actions of the trial court appealed are affirmed. See, e. g., Egidi Industrial Park Corp. v. Wide Open Spaces, Inc., 335 So. 2d 870 (Fla. 3d DCA 1976); Castellanos v. Hialeah-Miami Springs First State Bank, 330 So. 2d 100 (Fla. 3d DCA 1976); Strata v. Strate, 328 So. 2d 29 (Fla. 3d DCA 1976); and Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3d DCA 1975). See generally 2 Fla. Jur. Ap…
-
Sol Kittay v. Zena Weinkle, 363 So. 2d 159 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed. See: Hamilton v. Title Insurance Agency of Tampa, Inc., 338 So. 2d 569, 571 (Fla.2d DCA 1976); Egidi Industrial Park Corp. v. Wide Open Spaces, Inc., 335 So. 2d 870, 871 (Fla.3d DCA 1976); Federated Department Stores, Inc. v. Planes, 305 So. 2d 248-249 (Fla.3d DCA 1974); Deemer v. Hallett Pontiac, Inc., 288 So. 2d 526 (Fla.3d DCA 1974).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fernandez v. Arocha, 308 So. 2d 45 (Fla. 3d DCA 1975)
- Leggett v. Seaboard Coast Line R.R. Co., 221 So. 2d 16 (Fla. 1st DCA 1969)