IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-765

Size: px
Start display at page:

Download "IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-765"

Transcription

1 IN THE SUPREME COURT OF FLORIDA CASE NO. SC AL-NAYEM INTER L INCORPORATED Plaintiff/Petitioner, vs. EDWARD J. ALLARD, Defendant/Respondent. PETITIONER S BRIEF ON JURISDICTION SECOND DISTRICT CASE NO.: 2D CIRCUIT COURT CASE NO: CI-15 (PINELLAS COUNTY) MARION HALE FBN #: SHARON E. KRICK FBN #: JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP P.O. Box 1368 Clearwater, FL (727) telephone (727) facsimile marionh@jpfirm.com sharonk@jpfirm.com

2 TABLE OF CONTENTS TABLE OF CITATIONS...ii STATEMENT OF THE CASE AND FACTS...1 SUMMARY OF THE ARGUMENT...5 ARGUMENT...6 I. THE SECOND DISTRICT S OPINION IS IN DIRECT CONFLICT WITH A DECISION OF THE FLORIDA SUPREME COURT...6 CONCLUSION...10 CERTIFICATE OF SERVICE...11 CERTIFICATE OF COMPLIANCE...12 i

3 TABLE OF CITATIONS Cases: AB CTC v. Morejon, 324 So.2d 625 (Fla 1975)...6 American Wall Sys., Inc. v. Madison Int l Group, Inc., 944 So.2d 172 (Fla. 2006)...6 Burton v. Price, 141 So. 728 (Fla. 1931)...4, 5, 6, 7, 8, 9 Reaves v. State, 485 So.2d 829 (Fla. 1986)...8 State v. Vickery, 961 So.2d 309 (Fla. 2007)...6, 7 Other Authorities Fla. R. App. P (a)(2)(A)(iv)...5, 6 Fla. R. Civ. P (a)(2)(A)(v)...4 Fla. Const. Art. V, 3(b)(3)...6 ii

4 STATEMENT OF THE CASE AND FACTS This appeal raises the issue of the correct measure of damages for a breach of the covenant of seisin in a general warranty deed. The case stems from the purchase of real property by the petitioner, Al-Nayem Inter l Incorporated (Al-Nayem) from the respondent, Edward J. Allard (Allard). On November 29, 2004, Allard delivered a warranty deed to Al-Nayem which contained a legal description for a tract of land in St. Petersburg bifurcated by a 30-foot wide swale which Allard did not own. The swale had been conveyed by an order of taking to the Florida Department of Transportation in Al-Nayem paid $1,650,000 for the property in St. Petersburg. At the time, a restaurant operated on the property which closed shortly after the purchase. Allard conveyed the land to Al-Nayem by a general warranty deed containing a covenant of seisin. In 2007, Al-Nayem attempted to sell the property and learned that it was not the owner of the entire property as described in the deed. The potential buyer alerted Al-Nayem that the Florida Department of Transportation had acquired the fee simple title by virtue of a final judgment that was entered in 1957 and recorded in the public records of Pinellas County. The loss of the swale was important since it stranded a small portion of the property and it limited the size of any 1

5 building which could be constructed to replace the decrepit and now closed restaurant. Furthermore, Al-Nayem had no access to the portion of the property which was stranded. The value of the land was significantly decreased by the omission of the swale since the total amount of land dictates the size and location of any new building. Al-Nayem sued Allard for breach of his warranty deed. The trial as to liability was held on October 22, Allard raised only one defense which the trial court rejected. On November 13, 2008, the court entered a judgment as to liability, concluding that Allard breached all the covenants in the deed and is liable to the plaintiff for its losses. In the judgment, the trial court found, The loss of the 30 foot swale decreases the plaintiff s ability to develop the property as it limits the size of any building which could be constructed to replace the decrepit and now closed Crabby Bill s restaurant. In addition, the loss of the swale strands a small sliver of the property which also affects how the property can be developed. The court concluded: Due the 1957 final judgment, the plaintiff does not own all the property that was described in the warranty deed.... The plaintiff paid for property it did not receive. Allard did not appeal. At the trial as to damages, Al-Nayem s expert, Ken Frost, calculated the square footage of the ditch and the stranded 2

6 portion and found it was 13.5 percent of the parcel. He then multiplied that percentage against the purchase price and calculated the damages at $222, After Al-Nayem rested, Allard argued that the measure of damages was not the proportionate share of the purchase price attributable to the 30-foot swale but rather the fair market value of that property. Allard moved for an involuntary dismissal of the complaint. The court granted the motion and dismissed the complaint with prejudice. The court ruled that the correct measure of damages was not the proportionate share of the purchase price. Instead, the Court adopted the reasoning of courts in other jurisdictions to hold that the measure of damages was the value of the land reduced by the value of the improvements. 1 Al-Nayem filed a motion for rehearing. The court granted the motion and ordered the parties to coordinate an evidentiary hearing on damages. Allard appealed that decision. Al-Nayem cross-appealed the order dismissing the complaint to contest the trial court s determination of the measure of damages. In an opinion dated November 5, 2010, the Second District reversed the decision of the trial court granting a new trial as to damages and affirmed the trial court s decision to 1 Because Allard hid this theory of damages until trial and relied upon decisions from other states, Al-Nayem was blindsided at trial resulting in the new trial ordered by the trial court and reversed by the appellate court. 3

7 involuntarily dismiss the case under the theory that Al-Nayem had failed to provide evidence as to the measure of damages. The Second District concluded, as the trial court had, that Burton s measure of damages was inapplicable. Al-Nayem filed a timely motion for rehearing en banc which was denied and a new opinion was issued in its place on March 16, (App. Tab 1). The new opinion contained some minor changes to the majority s decision. There were also changes to the dissenting opinion. Judge Villanti dissented from the majority s refusal to certify the question of how to calculate damages for breach of seisin to this Court as one of great public importance. 2 2 Al-Nayem recognizes that it cannot appeal the decision of the appellate court not to certify the question as being one of great public importance. Fla. R. Civ. P (a)(2)(A)(v). 4

8 SUMMARY OF ARGUMENT This Court should accept jurisdiction pursuant to Art. V, 3(b)(3), Fla. Const. and Fla. R. App. P (a)(2)(A) (iv) as the District Court s decision is in express and direct conflict with this Court s decision in Burton v. Price, 141 So. 728 (Fla. 1931) on the issue of how to measure damages for the breach of the covenant of seisin. The Burton Court ruled that the correct measure of damages for breach of warranty of seisin is the portion of the purchase price attributable to the property which was not conveyed. The Second District did not follow Burton but instead held that the measure of damages for the breach of the covenant of seisin is the portion of the purchase price attributed to the property which was not conveyed after subtracting the value of the improvements. Accordingly, this Court has discretionary jurisdiction to review this case as it expressly and directly conflicts with a decision of this Court. It should accept jurisdiction to provide guidance to the lower courts on the issue of the correct measure of damages for breach of the covenant of seisin. 5

9 ARGUMENT I. THE SECOND DISTRICT S OPINION IS IN EXPRESS AND DIRECT CONFLICT WITH A DECISION OF THE FLORIDA SUPREME COURT This Court has discretionary jurisdiction to resolve conflicts between the decision of the Second District and this Court pursuant to Art. V, 3(b)(3), Fla. Const. and Fla. R. App. P (a)(2)(A)(iv). See American Wall Sys., Inc. v. Madison Int l Group, Inc., 944 So.2d 172 (Fla. 2006). The Second District ignored this Court s ruling in Burton, 141 So. 728, to hold that the measure of damages for the breach of the covenant of seisin is the portion of the purchase price attributed to the property which was not conveyed after subtracting the value of the improvements. The Second District's opinion expressly and directly conflicts with the Burton decision. Although the Second District refused to certify the decision as in direct conflict, this Court has jurisdiction if it expressly and directly conflicts with a decision of this Court. State v. Vickery, 961 So.2d 309 (Fla. 2007). 3 As this Court noted in Vickery, the Court has jurisdiction if either the District Court expressly certifies the decision as conflicting pursuant to Art. V, 3(b)(4), Fla. Const. or if the decision expressly and directly conflicts with a decision of this Court 3 Even a per curiam decision may create conflict jurisdiction. AB CTC v. Morejon, 324 So.2d 625 (Fla. 1975). 6

10 pursuant to Art. V, 3(b)(3), Fla. Const. Vickery, 961 So.2d at 311. In Burton, this Court held that a grantee who did not acquire title and did not acquire possession or any right of possession pursuant to a deed containing covenants of seisin may recover the purchase money paid with interest in an action for breach of the covenant of seisin. Id. at The Burton Court ruled that the correct measure of damages for breach of warranty of seisin is the portion of the purchase price attributable to the property which was not conveyed. Id. If there is a failure of seisin as to a part of the premises described in the deed, the measure of damages is the fractional part of the whole consideration paid as the value at the time of the purchase of the part to which the title failed bears to the whole tract purchased, with interest thereon during the time the plaintiff was deprived of the use of that part to which he could not acquire possession. Id. at 626. Notwithstanding Burton, the Second District concluded that measure of damages should be calculated after subtracting the value of the improvements, not the proportional share of the consideration paid. That measure fails to adequately compensate Al-Nayem as it fails to take into consideration the impact the breach had on the remaining property which had been 7

11 bifurcated by the order of taking almost a half-century earlier. It fails to compensate Al-Nayem for the loss of the value of the improvements it could construct on the land as the loss of the swale resulted in a decrease in the size of the new restaurant which could be built. The Second District also assumed that the property in Burton was unimproved with no evidence to support that assumption. 4 Citing to out-of-state decisions, both the trial court and the Second District concluded that the value of the improvements had to be deducted prior to determining Al-Nayem s damages. The Second District gave no reason for abandoning the Burton standard other than to refer to Allard s argument that it did not apply to improved land. With no facts to support the assumption that Burton only applied to unimproved land, the Second District s decision expressly and directly conflicts with Burton. On its face, Burton applies to all breaches of the covenant of seisin, not merely those in which the buyer purchased raw land. The trial court acknowledged it was deviating from Burton and relying upon decisions from Kentucky, Arkansas and Massachusetts. The Second District relied upon those same 4 Judge Villanti noted that the majority had assumed that the land in Burton had not been improved. Al-Nayem recognizes that the dissent cannot form the basis of conflict jurisdiction. Reaves v. State, 485 So.2d 829 (Fla. 1986). 8

12 decisions. All of the out-of-state cases upon which both the lower courts relied were inapplicable as they involved the sale of real property in which the parties mutually misunderstood the amount of land conveyed. None involved the buyer paying for land he did not receive. The issue is not merely academic. As the dissent noted, [t]he proper measure of damages arising from a breach of the covenant of seisin is an issue with statewide implications, and the majority is interpreting, and perhaps rewriting, supreme court precedent that has been unchanged for over seventy-five years. In my view, fairness dictates on these facts that we accommodate Al-Nayem s ability to seek review in the supreme court. App. Tab 1, at p. 13 (Villanti, J., dissenting). Thus, the Second District deviated from this Court s 75-year-old precedent and adopted the reasoning from other states to limit the damages for a breach of the covenant of seisin. 9

13 CONCLUSION This Court has jurisdiction and review should be granted to resolve the confusion caused by the conflicting decision of this Court and the Second District Court of Appeal. 10

14 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above has been furnished to Martin S. Awerbach, Esq., Michael A. Cohn, Esq., Awerbach & Cohn, P.A., One Prestige Place, Suite 100, 2600 McCormick Drive, Clearwater, FL 33759, by regular U.S. Mail, this 21st day of April JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP By: /s/ Marion Hale Marion Hale FBN # Sharon E. Krick FBN # Post Office Box 1368 Clearwater, FL (727) Telephone (727) Facsimile Attorneys for Appellee marionh@jpfirm.com sharonk@jpfirm.com 11

15 CERTIFICATE OF COMPLIANCE I certify that this brief complies with the type-volume limitation set forth in Florida Rules of Appellate Procedure 9.100(1) and 9.210(a)(2). This brief is in 12 point, Courier New. /s/ Marion Hale Marion Hale

IN THE SUPREME COURT OF FLORIDA (DCA 1DO2-4491) KEETON CORRECTIONS, INC., d/b/a JACKSONVILLE MINIMUM SECURITY SUBSTANCE ABUSE FACILITY.

IN THE SUPREME COURT OF FLORIDA (DCA 1DO2-4491) KEETON CORRECTIONS, INC., d/b/a JACKSONVILLE MINIMUM SECURITY SUBSTANCE ABUSE FACILITY. IN THE SUPREME COURT OF FLORIDA (DCA 1DO2-4491) KEETON CORRECTIONS, INC., d/b/a JACKSONVILLE MINIMUM SECURITY SUBSTANCE ABUSE FACILITY Petitioner, v. RJ & RK, INC., a corporation and KIMBERLY KEETON SPENCE,

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC10-90 / SC10-91 (Consolidated) (Lower Tribunal Case No. s 3D08-944, )

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC10-90 / SC10-91 (Consolidated) (Lower Tribunal Case No. s 3D08-944, ) IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-90 / SC10-91 (Consolidated) (Lower Tribunal Case No. s 3D08-944, 03-14195) JOEL W. ROBBINS (Miami-Dade County Property Appraiser); IAN YORTY (Miami-Dade County

More information

IN THE SUPREME COURT OF FLORIDA. ERVIN HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC

IN THE SUPREME COURT OF FLORIDA. ERVIN HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC IN THE SUPREME COURT OF FLORIDA ERVIN HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC04-1808 Petitioner, Lower Tribunals: Third District Court of Appeal v. Case No.: 3D03-1508 ISLAMORADA,

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DANIEL WESNER, d/b/a FISH TALES, Appellant, v. Case No. 2D16-4646

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA MELANIE J. HENSLEY, successor to RON SCHULTZ, as Citrus County Property Appraiser, etc., vs. Petitioner, Case No.: SC05-1415 LT Case No.: 5D03-2026 TIME WARNER ENTERTAINMENT

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA SUPREME COURT OF FLORIDA STEPHEN and DONNA RICHARDS, Appellants, v. Case No. SC07-1383 Case No. 4D06-1173 L.T. Case No. 2004-746CA03 MARILYN and ROBERT TAYLOR, Appellees. / An Appeal from the Fourth District

More information

IN THE SUPREME COURT OF FLORIDA. ERVIN A. HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC

IN THE SUPREME COURT OF FLORIDA. ERVIN A. HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC IN THE SUPREME COURT OF FLORIDA ERVIN A. HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC08-2389 Petitioner, Lower Tribunals: Third District Court of Appeal v. Case No.: 3D08-564 WILLIAM

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC01-1459 PER CURIAM. ALLSTATE INSURANCE COMPANY, Petitioner, vs. LUIS SUAREZ and LILIA SUAREZ, Respondents. [December 12, 2002] We have for review the decision in Allstate

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC JURISDICTIONAL BRIEF OF APPELLEES

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC JURISDICTIONAL BRIEF OF APPELLEES IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC04-222 4 TH DCA CASE NO.: 4D03-711 L.T. NO.: AP 01-9039-AY PIERSON D. CONSTRUCTION, INC., A Florida corporation vs. Appellant MARTIN YUDELL and JUDITH

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA SUPREME COURT CASE NO. SC14-461

IN THE SUPREME COURT OF THE STATE OF FLORIDA SUPREME COURT CASE NO. SC14-461 Filing # 11351594 Electronically Filed 03/14/2014 01:09:56 PM RECEIVED, 3/14/2014 13:13:45, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF THE STATE OF FLORIDA SUPREME COURT CASE NO. SC14-461

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC DISTRICT COURT CASE NO.: 3d TRIAL COURT CASE NO MARIA T.

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC DISTRICT COURT CASE NO.: 3d TRIAL COURT CASE NO MARIA T. IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-1526 DISTRICT COURT CASE NO.: 3d06-1873 TRIAL COURT CASE NO. 05-15150 MARIA T. THORNHILL Plaintiff / Petitioner Vs. ADMIRAL FARRAGUT CONDOMINIUM APARTMENTS

More information

IN THE SUPREME COURT STATE OF FLORIDA CASE NUMBER: SC LOWER CASE NUMBER: 3D THOMAS KRAMER, Petitioner,

IN THE SUPREME COURT STATE OF FLORIDA CASE NUMBER: SC LOWER CASE NUMBER: 3D THOMAS KRAMER, Petitioner, IN THE SUPREME COURT STATE OF FLORIDA CASE NUMBER: SC04-815 LOWER CASE NUMBER: 3D03-2440 THOMAS KRAMER, Petitioner, v. VERENA VON MITSCHKE-COLLANDE and CLAUDIA MILLER-OTTO, in their capacity as the HEIRS

More information

THE FLORIDA SUPREME COURT PETITIONER S BRIEF ON JURISDICTION

THE FLORIDA SUPREME COURT PETITIONER S BRIEF ON JURISDICTION THE FLORIDA SUPREME COURT FLORIDA WEST REALTY PARTNERS, LLC Petitioner, Case No.: SC07-155 Lower Court Case No.: 2D06-5808 v. MDG LAKE TRAFFORD, LLC, Respondent. / PETITIONER S BRIEF ON JURISDICTION Mark

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004 ALLISON M. COSTELLO, ETC., Appellant, v. Case No. 5D02-3117 THE CURTIS BUILDING PARTNERSHIP, Appellee. Opinion filed

More information

SUPREME COURT OF FLORIDA CASE NO.: SC Fourth DCA Case No. 4D09-728

SUPREME COURT OF FLORIDA CASE NO.: SC Fourth DCA Case No. 4D09-728 SUPREME COURT OF FLORIDA CASE NO.: SC11-263 Fourth DCA Case No. 4D09-728 MCLAUGHLIN ENGINEERING COMPANY, a Florida Corporation, JERALD MCLAUGHLIN, individually, and CARL E. ALBREKSTEN, individually, vs.

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA LEWIS Y. and BETTY T. WARD, et al., Petitioner, v. GREGORY S. BROWN, Property Appraiser of Santa Rosa County, et al., Case Nos. SC05-1765, SC05-1766 1st DCA Case No. 1D04-1629

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA The City of Key West, Florida, Petitioner, v. Kathy Rollison, Respondent. Supreme Court Case No. SC04-1506 PETITIONER'S JURISDICTIONAL BRIEF (Amended) On Review from the

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA : SURF SIDE TOWER CONDOMINIUM : ASSOCIATION, INC.; and : INTERVENORS, CHARLES AND : LINDA SCHROPP, : : Defendant/Intervenors/Petitioners, : CASE NUMBER: SC10-1141 v. : :

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LOWER COURT CASE NO. 3D PRIME WEST, INC. and PRIME WEST CONDOMINIUM ASSOCIATION, INC.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LOWER COURT CASE NO. 3D PRIME WEST, INC. and PRIME WEST CONDOMINIUM ASSOCIATION, INC. IN THE SUPREME COURT OF FLORIDA CASE NO. SC 05-1697 LOWER COURT CASE NO. 3D04-471 PRIME WEST, INC. and PRIME WEST CONDOMINIUM ASSOCIATION, INC., Petitioners, v. LORENZO CAMARGO and ANA CAMARGO, his wife;

More information

IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC Lower Court Case Number 4D ELLER DRIVE LIMITED PARTNERSHIP, Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC Lower Court Case Number 4D ELLER DRIVE LIMITED PARTNERSHIP, Petitioner, vs. IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC06-2351 Lower Court Case Number 4D04-3895 ELLER DRIVE LIMITED PARTNERSHIP, Petitioner, vs. BROWARD COUNTY, a political subdivision of the STATE OF FLORIDA,

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC10-91 (Lower Tribunal Case Nos. 3D08-944; )

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC10-91 (Lower Tribunal Case Nos. 3D08-944; ) IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-91 (Lower Tribunal Case Nos. 3D08-944; 03-14195) JOEL ROBBINS, as Miami-Dade County Property Appraiser, and IAN YORTY, as Miami-Dade County Tax Collector,

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC06-2461 DOUGLAS K. RABORN, et al., Appellants, vs. DEBORAH C. MENOTTE, etc., Appellee. [January 10, 2008] BELL, J. We have for review two questions of Florida law certified

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA RICHARD KEITH MARTIN, ROBERT DOUGLAS MARTIN, MARTIN COMPANIES OF DAYTONA BEACH, MARTIN ASPHALT COMPANY AND MARTIN PAVING COMPANY, Petitioners, CASE NO: 92,046 vs. DEPARTMENT

More information

Third District Court of Appeal State of Florida, January Term, A.D. 2009

Third District Court of Appeal State of Florida, January Term, A.D. 2009 Third District Court of Appeal State of Florida, January Term, A.D. 2009 Opinion filed January 21, 2009. Not final until disposition of timely filed motion for rehearing. No. 3D07-3006 Lower Tribunal No.

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed July 30, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D13-597 Lower Tribunal No. 10-54870 Pierre Philippe,

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STEPHEN SINATRA and JANICE SINATRA, Appellants, v. Case No. 2D12-1031

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA HAROLD COFFIELD and WINDSONG PLACE, LLC, IN THE SUPREME COURT OF THE STATE OF FLORIDA Petitioners/Plaintiffs, CASE NO.: SC 09-1070 v. L.T.: 1D08-3260 CITY OF JACKSONVILLE, Respondent/Defendant, / PETITIONERS

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LEESBURG COMMUNITY CANCER CENTER LIMITED PARTNERSHIP, d/b/a INTERCOMMUNITY CANCER CENTER,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LEESBURG COMMUNITY CANCER CENTER LIMITED PARTNERSHIP, d/b/a INTERCOMMUNITY CANCER CENTER, IN THE SUPREME COURT OF FLORIDA CASE NO. SC08-315 LEESBURG COMMUNITY CANCER CENTER LIMITED PARTNERSHIP, d/b/a INTERCOMMUNITY CANCER CENTER, Appellant/Petitioner, vs. LEESBURG REGIONAL MEDICAL CENTER, INC.,

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2009

Third District Court of Appeal State of Florida, July Term, A.D. 2009 Third District Court of Appeal State of Florida, July Term, A.D. 2009 Opinion filed October 14, 2009. Not final until disposition of timely filed motion for rehearing. No. 3D08-944 Lower Tribunal No. 03-14195

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA WOODIE H. THOMAS, III on behalf of himself Petitioner, CASE NO. SC07-1527 FOURTH DCA CASE NO. 4D06-16 vs. VISION I HOMEOWNERS ASSOCIATION, INC. a non-profit

More information

OF FLORIDA. An Appeal from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge.

OF FLORIDA. An Appeal from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2006 FREDERICK EDLUND, SALLY EDLUND and CHRISTOPHER

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2007

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2007 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2007 THE CIRCLE VILLAS CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, Appellant, PER CURIAM. v. THE CIRCLE

More information

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA

IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA ROB TURNER, as Hillsborough County Property Appraiser, Petitioner, vs. Case No. SC08-540 FLORIDA STATE FAIR AUTHORITY, Respondent. / RESPONDENT S ANSWER

More information

Daniel M. Schwarz of Cole Scott & Kissane, P.A., Plantation, for Appellants.

Daniel M. Schwarz of Cole Scott & Kissane, P.A., Plantation, for Appellants. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SILVER BEACH TOWERS PROPERTY OWNERS ASSOCIATION, INC., SILVER BEACH TOWERS EAST CONDOMINIUM ASSOCIATION, INC., and SILVER BEACH TOWERS WEST

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT PNC BANK, NATIONAL ASSOCIATION, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. L.T. CASE NO. 4D

IN THE SUPREME COURT OF FLORIDA CASE NO. L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CASE NO. L.T. CASE NO. 4D04-3895 ELLER DRIVE LIMITED PARTNERSHIP, a : Florida Limited Partnership : : Respondent, : : v. : : BROWARD COUNTY, a Political : Subdivision of

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT PNC BANK, NATIONAL ASSOCIATION, Appellant, v. INLET VILLAGE CONDOMINIUM ASSOCIATION, INC. and 40 N.E. PLANTATION ROAD #306, LLC, Appellees.

More information

Equestleader.com, Inc., recovered a judgment for civil trespass damages

Equestleader.com, Inc., recovered a judgment for civil trespass damages NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RANDALL GUNNING, individually, CASTLE CONSULTING I LTD., INC.,

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA SUPREME COURT OF FLORIDA PAULA McCARTHA, vs. Petitioner, Case No. SC06-466 Fifth District Case No. 5D05-1776 THE CADLE COMPANY, Respondent. / RESPONDENT S BRIEF ON JURISDICTION Petition to Review a Decision

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS WILLIAM KULINSKI, RONALD KULINSKI, and RUSSELL KULINSKI, UNPUBLISHED December 9, 2014 Plaintiffs-Appellees, v No. 318091 Lenawee Circuit Court ILENE KULINSKI, LC No.

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: FEBRUARY 8, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-001880-MR CHARLES RAY PHELPS AND DONNA P. SOLLY, CO-TRUSTEES OF THE HERSCHEL L. AND ERMA

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, CASE NO: SC03-400 FIFTH DCA NO: 5D01-3413 v. ST. JOHNS COUNTY, Respondent. / On Discretionary Review from the District Court

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS LAKE FOREST PARTNERS 2, INC., Petitioner-Appellant, FOR PUBLICATION June 6, 2006 9:05 a.m. v No. 257417 Tax Tribunal DEPARTMENT OF TREASURY, LC No. 00-292089 Respondent-Appellee.

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed December 18, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D18-252 Lower Tribunal No. 15-29481 Space Coast Credit

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ROBERT BLINN, Appellant, v. Case No. 2D14-1636 FLORIDA POWER &

More information

NO IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

NO IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I NO. 29331 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I MOMILANI FERNANDEZ, Plaintiff-Appellant, v. MARK DEVELOPMENT, INC., the DEPARTMENT OF HAWAIIAN HOME LANDS, the HAWAIIAN HOMES COMMISSION,

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA PRIME WEST, INC. and PRIME WEST CONDOMINIUM ASSOCIATION, INC., v. Petitioners, SUPREME COURT OF FLORIDA LORENZO CAMARGO and ANA CAMARGO, his wife; and UNION AMERICAN INSURANCE COMPANY, Respondents. / CASE

More information

OF FLORIDA THIRD DISTRICT JULY TERM, A.D ** TRIBUNAL NOS POTAMKIN CHEVROLET, ** Appellee. **

OF FLORIDA THIRD DISTRICT JULY TERM, A.D ** TRIBUNAL NOS POTAMKIN CHEVROLET, ** Appellee. ** NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 METROPOLITAN DADE COUNTY, ** etc., ** CASE

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. 93,802. COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida.

IN THE SUPREME COURT OF FLORIDA CASE NO. 93,802. COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida. IN THE SUPREME COURT OF FLORIDA CASE NO. 93,802 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida Appellant, v. THE STATE OF FLORIDA, and THE TAXPAYERS, PROPERTY OWNERS, and CITIZENS

More information

CASE NO. 1D Silver Shells Corporation (Developer) appeals the partial summary judgment

CASE NO. 1D Silver Shells Corporation (Developer) appeals the partial summary judgment IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SILVER SHELLS CORPORATION, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CHRISTIANA TRUST, AS TRUSTEE FOR ARLP TRUST

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2008

Third District Court of Appeal State of Florida, July Term, A.D. 2008 Third District Court of Appeal State of Florida, July Term, A.D. 2008 Opinion filed September 3, 2008. Not final until disposition of timely filed motion for rehearing. No. 3D08-516 Lower Tribunal No.

More information

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D16-1079 BANK OF AMERICA, N.A., Appellant, v. MIRABELLA OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, and HORIZON SPECIALTY CONSULTING

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC Lower Tribunal Case No.: 3D SPENCER MCGUINNESS, Petitioner, PROSPECT ARAGON, LLC,

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC Lower Tribunal Case No.: 3D SPENCER MCGUINNESS, Petitioner, PROSPECT ARAGON, LLC, IN THE SUPREME COURT OF FLORIDA CASE NO.: SC08-1294 Lower Tribunal Case No.: 3D07-1452 SPENCER MCGUINNESS, Petitioner, v. PROSPECT ARAGON, LLC, Respondent. PETITIONER S AMENDED BRIEF ON JURISDICTION (with

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT GARY R. NIKOLITS, as Property Appraiser for Palm Beach County, Appellant, v. FRANKLIN L. HANEY, EMELINE W. HANEY and ANNE M. GANNON, as

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC (Lower Tribunal Case No. 3D ) REALTY INVESTMENT AND MORTGAGE CORPORATION, INC.

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC (Lower Tribunal Case No. 3D ) REALTY INVESTMENT AND MORTGAGE CORPORATION, INC. IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-2051 (Lower Tribunal Case No. 3D05-2129) REALTY INVESTMENT AND MORTGAGE CORPORATION, INC., Petitioner, vs. JOEL W. ROBBINS, as Property Appraiser for Miami-Dade

More information

IN THE FLORIDA SUPREME COURT. Petitioner, CASE NO. SC vs. CASE NO. 2D

IN THE FLORIDA SUPREME COURT. Petitioner, CASE NO. SC vs. CASE NO. 2D IN THE FLORIDA SUPREME COURT GENERAL MOTORS ACCEPTANCE CORP., a Delaware corporation authorized to do business in Florida, Petitioner, CASE NO. SC06-1522 vs. CASE NO. 2D05-3583 HONEST AIR CONDITIONING

More information

CASE NO. 1D Elliott Messer and Thomas M. Findley of Messer, Caparello & Self, P.A., Tallahassee, for Appellants.

CASE NO. 1D Elliott Messer and Thomas M. Findley of Messer, Caparello & Self, P.A., Tallahassee, for Appellants. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHRIS JONES, PROPERTY APPRAISER FOR ESCAMBIA COUNTY, FLORIDA and JANET HOLLEY, TAX COLLECTOR FOR ESCAMBIA COUNTY, FLORIDA, NOT FINAL UNTIL

More information

COUNSEL JUDGES. Federici, J., wrote the opinion. WE CONCUR: MACK EASLEY, Chief Justice, H. VERN PAYNE, Justice. AUTHOR: FEDERICI OPINION

COUNSEL JUDGES. Federici, J., wrote the opinion. WE CONCUR: MACK EASLEY, Chief Justice, H. VERN PAYNE, Justice. AUTHOR: FEDERICI OPINION COWAN V. CHALAMIDAS, 1982-NMSC-053, 98 N.M. 14, 644 P.2d 528 (S. Ct. 1982) DOUGLAS COWAN and CECILIA M. COWAN, Plaintiffs-Appellees, vs. CHRIS CHALAMIDAS, Defendant-Appellant. No. 13994 SUPREME COURT OF

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2009

Third District Court of Appeal State of Florida, July Term, A.D. 2009 Third District Court of Appeal State of Florida, July Term, A.D. 2009 Opinion filed October 28, 2009. Not final until disposition of timely filed motion for rehearing. No. 3D07-454 Lower Tribunal No. 05-23379

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 LAUREN KYLE HOLDINGS, INC., d/b/a SAGO HOMES, Appellant, v. CASE NOS. 5D02-3358 5D03-980 HEATH-PETERSON CONSTRUCTION

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 05/15/2015 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2010

Third District Court of Appeal State of Florida, July Term, A.D. 2010 Third District Court of Appeal State of Florida, July Term, A.D. 2010 Opinion filed October 27, 2010. Not final until disposition of timely filed motion for rehearing. No. 3D09-1003 Lower Tribunal No.

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT VINCENT HEAD, ) ) Appellant, ) ) v. ) Case No. 2D16-3665 ) LAURENE

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BRUCE W. CHARITY and GABRIELE CHARITY, as husband and wife; MARJORIE

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida LEWIS, C. J. No. SC05-2045 S AND T BUILDERS, Petitioner, vs. GLOBE PROPERTIES, INC., Respondent. [November 16, 2006] We have for review the decision in S & T Builders v. Globe

More information

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. BENJORAY, INC., v. Plaintiff-Respondent, ACADEMY HOUSE CHILD DEVELOPMENT CENTER,

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed March 05, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D13-1437 Lower Tribunal No. 10-59605 Aventura Management,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON February 25, 2000 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON February 25, 2000 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON February 25, 2000 Session TERESA P. CONSTANTINO AND LILA MAE WILLIAMS v. CHARLIE W. WILLIAMS AND GLENDA E. WILLIAMS. An Appeal as of Right from the Chancery

More information

IN THE SUPREME COURT OF FLORIDA 2 ND DCA CASE NO FSC CASE NO ROB TURNER, as Hillsborough County Property Appraiser. Appellant, vs.

IN THE SUPREME COURT OF FLORIDA 2 ND DCA CASE NO FSC CASE NO ROB TURNER, as Hillsborough County Property Appraiser. Appellant, vs. IN THE SUPREME COURT OF FLORIDA 2 ND DCA CASE NO. 07-1411 FSC CASE NO. 08-540 ROB TURNER, as Hillsborough County Property Appraiser Appellant, vs. FLORIDA STATE FAIR AUTHORITY Appellee. APPEAL FROM THE

More information

[Cite as Maggiore v. Kovach, 101 Ohio St.3d 184, 2004-Ohio-722.]

[Cite as Maggiore v. Kovach, 101 Ohio St.3d 184, 2004-Ohio-722.] [Cite as Maggiore v. Kovach, 101 Ohio St.3d 184, 2004-Ohio-722.] MAGGIORE, APPELLEE, v. KOVACH, D.B.A. ALL TUNE & LUBE, APPELLANT. [Cite as Maggiore v. Kovach, 101 Ohio St.3d 184, 2004-Ohio-722.] Landlords

More information

Third District Court of Appeal State of Florida, January Term, A.D. 2012

Third District Court of Appeal State of Florida, January Term, A.D. 2012 Third District Court of Appeal State of Florida, January Term, A.D. 2012 Opinion filed March 7, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D11-1768 Lower Tribunal No.

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004 GEORGE T. BLACK, GLORIA D. BLACK, ET AL, Appellant, v. Case No. 5D03-2306 ORANGE COUNTY, ETC., Appellee. Opinion filed

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida PERRY, J. No. SC14-350 SCOTT MORRIS, et al., Appellant, vs. CITY OF CAPE CORAL, etc., Appellee. [May 7, 2015] This case arises from a final judgment validating the City of Cape

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT THE BANK OF NEW YORK MELLON f/k/a The Bank of New York as Trustee

More information

James J. Taylor, Jr. of Taylor & Taylor, P.A., Keystone Heights, for Appellee.

James J. Taylor, Jr. of Taylor & Taylor, P.A., Keystone Heights, for Appellee. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RUTH CLEMONS and LLOYD GILPIN, JR., v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF

More information

IN THE SUPREME COURT OF FLORIDA. AMICUS CURIAE BRIEF of CRES COMMERCIAL REAL ESTATE OF TAMPA BAY, INC.

IN THE SUPREME COURT OF FLORIDA. AMICUS CURIAE BRIEF of CRES COMMERCIAL REAL ESTATE OF TAMPA BAY, INC. IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-210 L.T. NO 3D02-1707 ROTEMI REALTY, INC. ET AL. Petitioners, v. ACT REALTY CO., Respondent. On Discretionary Review from the District Court of Appeal of Florida,

More information

STATE OF VERMONT ENVIRONMENTAL COURT. } Appeal of Robustelli Realty } Docket No Vtec } Decision on Cross-Motions for Summary Judgment

STATE OF VERMONT ENVIRONMENTAL COURT. } Appeal of Robustelli Realty } Docket No Vtec } Decision on Cross-Motions for Summary Judgment STATE OF VERMONT ENVIRONMENTAL COURT } Appeal of Robustelli Realty } Docket No. 255-12-05 Vtec } Decision on Cross-Motions for Summary Judgment Appellant Robustelli Realty (Robustelli) appealed from the

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed November 30, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D15-2419 Lower Tribunal No. 15-20385 Tixe Designs,

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC03-2063 WELLS, J. CRESCENT MIAMI CENTER, LLC, Petitioner, vs. FLORIDA DEPARTMENT OF REVENUE, Respondent. [May 19, 2005] We have for review Crescent Miami Center, LLC v. Department

More information

IN THE SUPREME COURT STATE OF FLORIDA. vs. DCA CASE NO. 1D08-515

IN THE SUPREME COURT STATE OF FLORIDA. vs. DCA CASE NO. 1D08-515 IN THE SUPREME COURT STATE OF FLORIDA DELTA PROPERTY MANAGEMENT, INC., Petitioner, Case No. SC09-2075 vs. DCA CASE NO. 1D08-515 PROFILE INVESTMENTS, INC., Respondent. / AMICUS BRIEF OF THE PROPERTY APPRAISER

More information

No July 27, P.2d 939

No July 27, P.2d 939 Printed on: 10/20/01 Page # 1 111 Nev. 998, 998 (1995) Schwartz v. State, Dep't of Transp. MARTIN J. SCHWARTZ and PHYLLIS R. SCHWARTZ, Trustees of the MARTIN J. SCHWARTZ and PHYLLIS R. SCHWARTZ Revocable

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT GARY R. NIKOLITS, as Property Appraiser for Palm Beach County, Florida, Petitioner, v. SARAH B. NEFF, a/k/a SUSAN B. NEFF, a/k/a SALLY B.

More information

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE June 2, 2016 Session

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE June 2, 2016 Session IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE June 2, 2016 Session DARRYL F. BRYANT, SR. v. DARRYL F. BRYANT, JR. Appeal by Permission from the Court of Appeals Chancery Court for Davidson County No.

More information

IN THE DISTRICT COURT OF APPEAL OF FLORIDA. ** CASE NO. 3D Appellant, ** vs. ** LOWER WESLEY WHITE, individually,

IN THE DISTRICT COURT OF APPEAL OF FLORIDA. ** CASE NO. 3D Appellant, ** vs. ** LOWER WESLEY WHITE, individually, NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 2005 INDIA AMERICA TRADING CO., INC., a Florida

More information

SUPREME COURT OF FLORIDA

SUPREME COURT OF FLORIDA SUPREME COURT OF FLORIDA THOMAS MCKEAN, ET AL., vs. Petitioner, PETER WARBURTON, Respondent. CASE NO. SC04-1243 Lower Tribunal No. 4D03-1954 PETITIONER S INITIAL BRIEF ON THE MERITS Bruce D. Barkett, Esq.

More information

Party Walls. Institutional Repository. University of Miami Law School. Mark S. Berman. University of Miami Law Review

Party Walls. Institutional Repository. University of Miami Law School. Mark S. Berman. University of Miami Law Review University of Miami Law School Institutional Repository University of Miami Law Review 7-1-1971 Party Walls Mark S. Berman Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended

More information

William S. Henry of Burke Blue Hutchison Walters & Smith, P.A., Panama City, for Appellants.

William S. Henry of Burke Blue Hutchison Walters & Smith, P.A., Panama City, for Appellants. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RICHARD KJELLANDER AND KC KJELLANDER, v. Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF

More information

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION WIMBLEDON TOWNHOUSE CONDOMINIUM, Petitioner,

More information

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2010 MT 23N

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2010 MT 23N February 3 2010 DA 09-0302 IN THE SUPREME COURT OF THE STATE OF MONTANA 2010 MT 23N WILLIAM R. BARTH, JR. and PARADISE VALLEY FORD LINCOLN MERCURY, INC., v. Plaintiffs and Appellees, CEASAR JHA and NEW

More information

WAVERLY AT LAS OLAS CONDOMINIUM ASSOCIATION, INC., a Florida corporation, not-for-profit, Appellee. No. 4D

WAVERLY AT LAS OLAS CONDOMINIUM ASSOCIATION, INC., a Florida corporation, not-for-profit, Appellee. No. 4D DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT WAVERLY 1 AND 2, LLC, a Florida limited liability company, Appellant, v. WAVERLY AT LAS OLAS CONDOMINIUM ASSOCIATION, INC., a Florida corporation,

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT BARBARA L. BARNEY, ERNEST W. BARNEY, ET AL., Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION

More information

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HERON AT DESTIN WEST BEACH & BAY RESORT CONDOMINIUM ASSOCIATION, INC.

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HERON AT DESTIN WEST BEACH & BAY RESORT CONDOMINIUM ASSOCIATION, INC. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HERON AT DESTIN WEST BEACH & BAY RESORT CONDOMINIUM ASSOCIATION, INC., Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L.T. Case No. 3D

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L.T. Case No. 3D IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-2051 L.T. Case No. 3D05-2129 REALTY INVESTMENT & MORTGAGE CORPORATION, INC., a Florida corporation, Petitioner, vs. JOEL W. ROBBINS, in his official capacity

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC., Appellant, v. NATIONSTAR MORTGAGE, LLC, Appellee. No. 4D16-2128 [ October

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee

More information

ARIZONA TAX COURT TX /18/2006 HONORABLE MARK W. ARMSTRONG

ARIZONA TAX COURT TX /18/2006 HONORABLE MARK W. ARMSTRONG HONORABLE MARK W. ARMSTRONG CLERK OF THE COURT L. Slaughter Deputy FILED: CAMELBACK ESPLANADE ASSOCIATION, THE JIM L WRIGHT v. MARICOPA COUNTY JERRY A FRIES PAUL J MOONEY PAUL MOORE UNDER ADVISEMENT RULING

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed May 24, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D16-1491 Lower Tribunal No. 14-26949 Plaza Tower Realty

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA. v. Case No. 5D JEAN SNYDER, KYLA RENEE S. PALMITER, et al.,

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA. v. Case No. 5D JEAN SNYDER, KYLA RENEE S. PALMITER, et al., IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2005 DELEANA HARRELL, Appellant, v. Case No. 5D04-1961 JEAN SNYDER, KYLA RENEE S. PALMITER, et al., Appellees. / Opinion

More information

AMENDED SUMMARY FINAL ORDER. Comes now, the undersigned arbitrator, and issues this amended summary final

AMENDED SUMMARY FINAL ORDER. Comes now, the undersigned arbitrator, and issues this amended summary final STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Weyland and Margaret Burns, James and

More information