JIM WALTER HOMES, INC., APPELLANT,
v.
C. L. JOHNS ET AL., APPELLEES
SMITH, Acting Chief Judge.
This appeal continues the controversy we entered upon in Brown v. Johns, 312 So. 2d 526 (Fla. 1st DCA 1975). Appellant Jim Walter built a home for the Browns, through error by Jim Walter, on land owned by Johns. In our prior decision we remanded the case for adjudication of Jim Walter’s counterclaim for removal of the house, which allegedly was placed on Johns’ property by mutual mistake. On proper pleadings the trial court has now adjudicated the claims of the various parties, with the result that the court found that Jim Walter recklessly built the Brown house on Johns’ land after being placed on notice of Johns’ ownership. Based on extensive findings of fact, supported by substantial competent evidence, the court denied Jim Walter’s claims for return of the house from Johns or for enforcement of the note and mortgage against the Browns. No error appears. See Johns v. Gillian, 134 Fla. 575, 184 So. 140 (1938).
AFFIRMED.
MELVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. Davis, 493 So. 2d 523 (Fla. 1st DCA 1986)…ave Davis without remedy in Brown’s ejectment action; she can raise statutory remedies for betterment and equitable defenses to that action. Brown v. Johns, 312 So. 2d 526 (Fla. 1st DCA 1975), aff'd following remand; Jim Walter Homes, Inc. v. Johns, 361 So. 2d 825 (Fla. 1st DCA 1978). For example, Davis may perfect a claim for betterment in the ejectment action under the provisions of sections 66.031, et seq., Florida Statutes (1983), or recover payment for the value of the improvements by way of an equitable…
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Brown v. Davis, 514 So. 2d 54 (Fla. 1987)…ll except the last of these conditions have been satisfied. . In its brief to this Court, the federal government has suggested that the trial court implicitly found Brown was not “innocent" in this affair. See, e.g., Jim Walter Homes Inc. v. Johns, 361 So. 2d 825 (Fla. 1st DCA 1978). We reject this suggestion. The trial court’s overriding concern in this case was in doing equity to all the parties. This concern is evidenced in the following colloquy between the court and Brown’s counsel in response to Brown’…
Authorities Cited
- Johns v. Gillian, 134 Fla. 575 (Fla. 1938)
- Brown v. Johns, 312 So. 2d 526 (Fla. 1st DCA 1975)