BURTON R. LEVEY, APPELLANT,
v.
LEONARD L. LEVENSTEIN, APPELLEE
BURTON R. LEVEY, APPELLANT,
LEONARD L. LEVENSTEIN, APPELLEE
510 So. 2d 365
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order granting Levenstein summary judgment on the issue of liability. We reverse the trial court’s order, however, to the extent that it grants Levenstein specific performance of the novation. As Levenstein readily concedes on appeal, his second amended complaint sought damages relief exclusively and his motion for summary judgment was directed solely at the issue of liability. Consequently the trial court erred in granting Levenstein equitable relief. See Allstate Ins. Co. v. Arvida Corp., 421 So. 2d 741 (Fla. 4th DCA 1982). Accordingly, we reverse and remand the cause for further proceedings on the issue of damages.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lenzo Grooms, Jr. v. State, 522 So. 2d 445 (Fla. 1st DCA 1988)…e of Criminal Procedure 3.850 relating to judgments and sentences which became final prior to January 1,1985. The Florida Bar re Amend. to Rules, 460 So. 2d 907 (Fla.1984) (amending Rule 3.850, Florida Rules of Criminal Procedure); Simmons v. State, 510 So. 2d 365 (Fla. 3d DCA 1987). Appellant’s judgment and sentence was finalized in 1975, but he failed to file his 3.850 motion until January 9, 1987, nine days after the deadline. Appellant alleges no facts which would preclude application of this jurisdiction…
Authorities Cited
- Allstate Ins. Co. v. Arvida Corp., 421 So. 2d 741 (Fla. 4th DCA 1982)