CONTRA CONSTRUCTION CORPORATION, APPELLANT,
v.
JAMES D. ROSENBAUM AND EVELYN F. ROSENBAUM, HIS WIFE, APPELLEES

Fla. 3d DCA | 1977-02-01
No. 76-342
Before HENDRY, C. J., and NATHAN, J., and DREW, E. HARRIS (Ret.), Associate Judge.
345 So. 2d 340 Florida District Court of Appeal, Third District (1977) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Truly Nolen, Inc., v. Atlas Moving & Storage Warehouses, Inc., 125 So. 2d 903 (Fla. 3d DCA 1961); McMullen v. McMullen, 185 So. 2d 191 (Fla. 2d DCA 1966); Rylander v. Sears Roebuck & Company, 302 So. 2d 478 (Fla. 3d DCA 1974).


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  • Alphonse Della-Donna v. Nova Univ., Inc., 512 So. 2d 1051 (Fla. 4th DCA 1987)
    …d use of process; that the defendant had ulterior motives or purposes in exercising such illegal, improper, or perverted use of process; and that as a result of such action on the part of the defendant, the plaintiff suffered damage. Baya v. Revitz, 345 So. 2d 340 (Fla. 3d DCA 1977), cert. denied, 355 So. 2d 1170 (Fla.1977). The failure of the plaintiff to establish all three elements precludes a cause of action for abuse of process. Blue v. Weinstein, 381 So. 2d 308 (Fla. 3d DCA 1980). Relying on McMurray v.…
  • Revitz v. Baya, 355 So. 2d 1170 (Fla. 1977)
    …KARL, Justice. This cause is before us on petition for writ of certiorari to the District Court of Appeal, Third District, to review its decision in Baya v. Revitz, reported at 345 So. 2d 340 (Fla. 3rd DCA 1977). The District Court of Appeal has certified the following question to this Court: “Will a separate action for abuse of process lie for the taking of an appeal from a nonappealable consent judgment?” However, in the decision of…
  • Baya v. Revitz, 363 So. 2d 44 (Fla. 3d DCA 1978)
    …PER CURIAM. The opinion in this cause was filed on March 8, 1977. See Baya v. Revitz, 345 So. 2d 340 (Fla. 3d DCA 1977). See also Baya v. Revitz, 281 So. 2d 521 (Fla. 3d DCA 1973). We are now presented with a petition to review a judgment for costs pursuant to Fla.App. Rule 3.16.1 The order taxing costs provides as follows: “[3] That Defendants, G…

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