THE CLEVELAND TRUST COMPANY, APPELLANT,
v.
RICKARDS ELECTRIC SERVICE, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 4th DCA | 1977-07-22
No. 76-886
MAGER, C. J., and ANSTEAD, J., concur.
348 So. 2d 1206 Florida District Court of Appeal, Fourth District (1977) Negative Treatment
Cited by 11 cases

Opinion of the Court
LETTS, Judge.

LETTS, Judge.

This is the companion case to Case No. 76-1079, namely the Leader Mortgage Company v. Rickards Electric Service, Inc., Fla. App., 348 So. 2d 1202, and the same record and issues are presented in both appeals.

In our view, the opinion filed in the companion case, immediately preceding this one, is dispositive of the identical final judgment appealed from.

The final money judgment against the Leader Mortgage Company and the Brusci-no Construction Company is hereby affirmed. The final judgment creating a lien on the real estate referred to in Exhibit A to secure the payment of the money judgment is reversed in part and remanded for the trial judge to set aside that portion of the final judgment.

MAGER, C. J., and ANSTEAD, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Cotita v. State, 381 So. 2d 1146 (Fla. 1st DCA 1980)
    …, 275 So. 2d 589 (Fla. 1st DCA 1973), cert. denied 279 So. 2d 881 (Fla.1973), conviction of rape of defendant’s 11-year-old daughter upheld despite admission of evidence of sex offenses by defendant against three other daughters; Pendleton v. State, 348 So. 2d 1206 (Fla. 4th DCA 1977), conviction of sexual battery affirmed and testimony of two other women similarly attacked by defendant properly admitted to “corroborate” testimony of victim; Summit v. State, 285 So. 2d 670 (Fla. 3d DCA 1973), prior lewd assaul…
  • Deguster Blake Zeigler v. State, 471 So. 2d 172 (Fla. 1st DCA 1985)
    …ment officers, and (2) had been consistent in his statement and testimony. Defendant’s testimony at his first trial is admissible in his second trial,5 even if he does not choose to take the witness stand in the second trial. In Pendleton v. State, 348 So. 2d 1206, 1208 (Fla. 4th DCA 1977), the court, states what is the general rule as follows: In general, in the absence of a statute governing the situation, it has generally been held that a defendant who has taken the stand in his own behalf in a criminal p…
  • Watson v. State, 504 So. 2d 1267 (Fla. 1st DCA 1986)
    …ism., State v. Marr, 475 So. 2d 696 (Fla.1985) (instruction that, where there are no witnesses to alleged act, testimony of rape victim should be “rigidly scrutinized,” is plainly erroneous and not the law of this state). Accord, Pendleton v. State, 348 So. 2d 1206 (Fla. 4th DCA 1977) and Hicks v. State, 388 So. 2d 357 (Fla. 2d DCA 1980). The next issue concerns a separate order entered in this cause wherein the trial court found: Although this defendant meets the definition of a “habitual felony offender” t…

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