BUCKLEY TOWERS CONDOMINIUM, INC., A FLORIDA CORPORATION, APPELLANT,

v.

HERBERT BUCHWALD, TRUSTEE, APPELLEE

Citator

Cited By

• Greene v. A.G.B.B. Hotels, Inc., 505 So. 2d 666 (Fla. 5th DCA 1987)
  …property in the litigation. Reformation of the note is an extraordinary equitable remedy available only by a showing of fraud, mistake, or overreaching. State ex rel. Sander v. City of Coleman, 139 Fla. 311, 190 So. 604 (Fla.1936); Cooke v. French, 340 So. 2d 541, 543 (Fla. 1st DCA 1976); Freirtag v. Simon, 171 So. 2d 918 (Fla. 3d DCA 1965). Although the relief requested by the plaintiff will indirectly affect the Bre-vard County mortgage, the principal question in this action concerns fraud. See also Royal…
• Flynt v. Progressive Consumers Ins. Co., 980 So. 2d 1217 (Fla. 5th DCA 2008)
  …uct of a mutual mistake raises, at best, a question of fact. Milford, 430 So. 2d at 953. Similarly, rescission would be an available remedy upon satisfactory proof of a mistake or other ground upon which such relief can be granted. Cooke v. French, 340 So. 2d 541, 543 (Fla. 1st DCA 1976). Florida law permits a party to rescind a contract based on unilateral mistake unless the mistake results from an inexcusable lack of due care or unless the other party has so detrimentally relied on the contract it would be…
• Freundlich v. W.G. Lassiter, Jr., 666 So. 2d 164 (Fla. 4th DCA 1995)
  …on for rehearing is granted and the order awarding attorney’s fees on appeal is -withdrawn. The appellant’s motion for attorney’s fees on appeal is denied. See State Farm Fire and Cas. Co. v. Ray, 556 So. 2d 811 (Fla. 5th DCA 1990); Cooke v. French, 340 So. 2d 541 (Fla. 1st DCA 1976). The only ground cited in the motion was section 57.105(2) which does not state a legal ground for award of attorney’s fees in the [*165] instant ease, as even the appellant admits in the response. . Kaufman v. Lassiter, 520 So.…

Authorities Cited

• Bosem v. Arie Lionel Bosem, 279 So. 2d 863 (Fla. 1973)
• Solar Research Corp. v. Parker, 221 So. 2d 138 (Fla. 1969)