THOMAS J. MCGOVERN, APPELLANT,
v.
SAM AMIRA, ETC., ET AL., APPELLEES
Explore caselaw by topic → Browse Contempt Order cases and more on FLexlaw
ORDERED, on consideration of appellant’s Petition for Rehearing the previous opinion filed August 31, 1976 is hereby withdrawn and in lieu thereof jurisdiction is temporarily relinquished to the trial court for a period of sixty (60) days from the date of this order, for the purpose of determining and clarifying the status of the Order of December 23,1975 holding appellant in contempt, which order is the subject of this appeal, in light of the representations of counsel that the trial court vacated the order of October 6, 1975, the non compliance with which gave rise to the entry of the December 23, 1975 order of contempt.
ORDERED upon February 10, 1977 Motion of Appellant, the above-styled Interlocutory Appeal commenced by the filing of a Notice of Interlocutory Appeal on January 21, 1976 in Broward County Circuit Court Case No. 75-12256, is hereby dismissed on the grounds that the Trial Court ruled that the appellant’s non-compliance with the void order of October 6, 1975 is of no force and effect and that the December 23, 1975 Order of Contempt is therefore null and void.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Copeland v. The Celotex Corp., 447 So. 2d 908 (Fla. 3d DCA 1984)…al matter,” Fla.R.Civ.P. 1.120(f). Such allegations of time and place are necessary, however, only where their absence renders a pleading so vague and ambiguous that the defendant cannot adequately frame an answer. Erwine v. Gamble, Pownal & Gilroy, 343 So. 2d 859 (Fla. 2d DCA 1976). Asbestosis is a disease whose cause generally is cumulative exposure to asbestos dust and fibres. Cf. Pereira v. Dow Chemical Co., 129 Cal.App.3d 865, 181 Cal.Rptr.364 (1982) (chemical vapors). The cancers attributable to asbest…
-
Sarasota Cloth Fabric & Foam, Inc. v. E.J. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986)…. They are: Nicolet, Inc. v. Benton, 467 So. 2d 1046 (Fla. 1st DCA 1985); Copeland v. Celotex Corp., 447 So. 2d 908 (Fla. 3d DCA 1984), quashed on other grounds, 471 So. 2d 533 (Fla.1985); Enwine v. Gamble, Pownal & Gilroy, Architects and Engineers, 343 So. 2d 859 (Fla. 2d DCA 1976); and Oster v. Krause, 168 So. 2d 558 (Fla. 3d DCA 1964). Both Nicolet and Copeland are asbestos cases. In Copeland the Third District stated that pleading time and place of injury is necessary only where its absence renders a ple…
-
Swafford v. Schweitzer, 906 So. 2d 1194 (Fla. 4th DCA 2005)…fense. Fla.R.Civ.P. 1.110(d). However, “the rule also provides that if an affirmative defense appears on the face of the complaint, the complaint may be challenged by a motion to dismiss.” Ermine v. Gamble, Pownal & Gilroy, Architects and Engineers, 343 So. 2d 859, 861 (Fla. 2d DCA 1976). The counterclaim in this case was filed in February 2003 and the Swaffords allege that they made improvements to the property until their dispute with Schweitzer began in November 2001. Therefore, [*1196] any improvements m…