DELAND STATE BANK, A CORPORATION, APPELLANT,
v.
BIG MUDDY CORPORATION, A FLORIDA CORPORATION, APPELLEE
DELAND STATE BANK, A CORPORATION, APPELLANT,
BIG MUDDY CORPORATION, A FLORIDA CORPORATION, APPELLEE
358 So. 2d 1117
Florida District Court of Appeal, First District (1978)
Caution
Cited by 16 cases
Opinion of the Court
PER CURIAM.
The judgment of the lower court in Case No. GG-56 is affirmed. The litigation to which the notice of lis pendens referred did not result in a judgment affecting the property described within the notice. DePass v. Chitty, 90 Fla. 77, 105 So. 148 (1925).
As a result of the stipulation agreed to by the parties, in Case No. GG-409, the order denying appellant’s objections to the sale and motion to vacate is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion.
AFFIRMED in part and REVERSED in part.
BOYER, Acting C. J., and ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Nelson, 542 So. 2d 1043 (Fla. 5th DCA 1989)…. 548 (1924); State v. Brooker, 449 So. 2d 386 (Fla. 1st DCA 1984) (the description of the place to be searched must identify the place to be searched to the exclusion of all others and on inquiry lead the officers unerringly to it); Shedd v. State, 358 So. 2d 1117, 1118 (Fla. 1st DCA 1978) (a search of a citizen’s residence must be based on the description set forth in the warrant and not left to the discretion of an officer). In the instant case, Agent Grady procured the search warrant and delivered it to a…
-
Carr v. State, 529 So. 2d 805 (Fla. 1st DCA 1988)…t which they searched. The authority to search pursuant to a warrant is limited to the place described in the warrant, and the description must be sufficiently particularized to lead the searching officers to the place intended. See Shedd v. State, 358 So. 2d 1117 (Fla. 1st DCA 1978); see also, United States v. Sklaroff, 323 F.Supp. 296 (S.D. Fla.1971). A residence may be described with reference to its occupants, see State v. Gallo, 279 So. 2d 71 (Fla. 2d DCA 1973); see also, United States v. Hassell, 427 F.…
-
Clapsaddle v. State, 545 So. 2d 946 (Fla. 2d DCA 1989)…5th DCA 1980); Dethlefsen v. State, 363 So. 2d 401 (Fla. 4th DCA 1978). The description must be sufficient to point out the place to be searched to the exclu [*948] sion of all others, and on inquiry, lead officers unerringly to it. Shedd v. State, 358 So. 2d 1117 (Fla. 1st DCA 1978). We have been able to locate only one case in which the court distinguished between the description portion of the warrant and other portions of the warrant. The third district in Pezzella v. State, 390 So. 2d 97 (Fla. 3d DCA 19…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DePass v. Chitty, 90 Fla. 77 (Fla. 1925)