HETTIE B. GAMMILL, APPELLANT,
v.
RANDALL RHODEN, A MINOR, BY CLYDE RHODEN, HIS FATHER AND NEXT FRIEND, AND CLYDE RHODEN, APPELLEES
HETTIE B. GAMMILL, APPELLANT,
RANDALL RHODEN, A MINOR, BY CLYDE RHODEN, HIS FATHER AND NEXT FRIEND, AND CLYDE RHODEN, APPELLEES
83 So. 2d 598
Florida Supreme Court (1955)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Reversed, with directions to enter judgment on the verdict under the authority of Ebersole v. Tepperman, Fla., 65 So. 2d 564.
DREW, C. J., and THOMAS, ROBERTS and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States Steel Corp. v. Save Sand KEY, Inc., 303 So. 2d 9 (Fla. 1974)…suit (and there is no such predicate here), it is well settled that a plaintiff must allege that his injury would be different in degree and kind from that suffered by the community at large. [See, e. g., Town of Flagler Beach v. Green (Fla.1955), 83 So. 2d 598; Henry L. Doherty & Co., Inc. v. Joachin (Fla.1941), 200 So. 238; Smith v. Bolte (Fla.App.1965), 172 So. 2d 624; and Ashe v. City of Boca Raton (Fla.App.1961), 133 So. 2d 122.]. “If it were otherwise there would be no end to potential litigation ag…1 / 2
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White v. Metro. Dade Cnty., 563 So. 2d 117 (Fla. 3d DCA 1990)…t have standing to enforce the deed restriction. In order to enforce a deed re [*123] striction, plaintiffs must show that they sustained an injury that was greater in degree than that sustained by the general public, Town of Flagler Beach v. Green, 83 So. 2d 598 (Fla.1955); Henry L. Doherty & Co., Inc. v. Joachim, 146 Fla. 50, 200 So. 238 (1941), or that the restriction in the deed was intended for the plaintiffs’ benefit, Bessemer v. Gersten, 381 So. 2d 1344 (Fla.1980); Rea v. Brandt, 467 So. 2d 368 (Fla.…
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Reubin O'D. Askew v. Hold THE Bulkhead-Save OUR Bays, Inc., 269 So. 2d 696 (Fla. 2d DCA 1972)…he motion to dismiss appellee Payne should be, and it is hereby, reversed. Affirmed in part, reversed in part. LILES, A. C. J., and DAYTON, ORVILLE L., Jr., (Ret.), Associate Judge, concur. . See, e. g., Town of Flagler Beach v. Green (Fla.1955), 83 So. 2d 598; Henry L. Doherty & Co., Inc. v. Joachin (Fla.1941), 200 8o. 238; Smith v. Bolte (Fla.App.1965), 172 So. 2d 624; and Ashe v. City of Boca Baton (Fla.App.1961), 133 So. 2d 122. . We again exclude from this rationale a proper “class action.” . See,…
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- State ex rel. Peterman v. Adams, 65 So. 2d 564 (Fla. 1953)