PUBLIX SUPER MARKETS, INC., APPELLANT,
v.
ANN C. DEMARCO, ETC., ET AL., APPELLEES

Fla. 4th DCA | 1979-06-13
No. 78-65
DOWNEY, C. J., and CROSS, J., concur., BERANEK, J., dissents with opinion.
373 So. 2d 693 Florida District Court of Appeal, Fourth District (1979) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

DOWNEY, C. J., and CROSS, J., concur.

BERANEK, J., dissents with opinion.

Dissent
BERANEK, Judge,

BERANEK, Judge,

dissenting.

I respectfully dissent. In this case the trial court allowed plaintiff to present the testimony of an expert witness over the defendant’s objection. This witness had not formed an opinion until the Friday before the Monday of the trial. Plaintiff had not answered defendant’s interrogatories propounded early in the case as to the opinions of experts which plaintiff intended to call. Under the circumstances I believe the Court should not have allowed the expert to testify and would, therefore, reverse for a new trial.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Davis v. Verandah at Lake Grady Homeowners Ass'n, Inc., 354 So. 3d 1140 (Fla. 2d DCA 2023)
    …ect to the same CCRs discussed by the parties for two months prior to the sale, and the Davises have not cited any precedent that requires CCRs to be recorded prior to sale in order to bind the parties. See Romak v. Naples Mobile Ests. Cmty. Ass'n, 373 So. 2d 693, 695 (Fla. 2d DCA 1979) ("The reference to the unrecorded declaration [in the deed] was implied actual notice of [a] restriction, and [buyers] are bound by that notice as much as if they had been expressly informed of the restriction."). Linguistic…
  • Inlet Beach Cap. Invs., LLC v. The Enclave at Inlet Beach Owners Ass'n, Inc. (Fla. 1st DCA 2023)
    …otice of such restrictions.” Davis v. Verandah at Lake Grady Homeowners Ass’n, Inc., 354 So. 3d 1140, 1146 (Fla. 2d DCA 2023), review denied, SC2023-0240, 2023 WL 4487393 (Fla. July 12, 2023); see also Romak v. Naples Mobile Ests. Cmty. Ass’n, Inc., 373 So. 2d 693, 695 (Fla. 2d DCA 1979) (enforcing declaration of covenants despite its not having been recorded before purchasers executed options to purchase binding them to the covenants). Lot Owner was improperly trying to have it both ways—keep the properties…

Full citator, related cases, and AI research tools

Open in FLexlaw