DIONISIO VICTOR MESA, APPELLANT,
v.
THE BANK OF MIAMI, APPELLEE

Fla. 3d DCA | 1988-05-24
No. 87-1034
Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.
525 So. 2d 989 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 2 cases
Topics
Right To Jury Trial

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Opinion of the Court
PER CURIAM.

[*990] PER CURIAM.

The defendant Dionisio Victor Mesa appeals an adverse final judgment granting reformation of certain notes and enforcing same, the said judgment having been entered below after a nonjury trial. Although the testimony adduced at trial was conflicting, there was sufficient evidence presented below for the trial court to order the subject reformation, see, e.g., Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); moreover, there is no merit in Mesa’s claim that he was denied his right to a jury trial. King Mountain Condominium Ass’n v. Gundlach, 425 So. 2d 569, 570 (Fla. 4th DCA 1982); Hawkins v. Rellim Investment Co., 92 Fla. 784, 110 So. 350, 351 (1926); see generally 22 Fla.Jur.2d Equity §4 et seq. (1980).

We do not reach the plaintiff Bank of Miami’s contentions which seek a reversal of other aspects of the final judgment because it has filed no appeal or cross appeal in this cause; moreover, we decline, under the circumstances of this case, to entertain appellee’s brief before this court as a notice of cross appeal. The final judgment appealed from is

Affirmed.

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Cited By

  • Cherry C. Villanueva v. Reynolds, 159 So. 3d 200 (Fla. 5th DCA 2015)
    …of Villanueva on the issue.3 See Gulfstar, Inc. v. Advance Mortg. Corp., B76 So. 2d 243, 245 (Fla. 3d DCA 1979). Under the circumstances of this case, we decline to treat RS & H’s answer brief as a notice of cross-appeal. See Mesa v. Bank of Miami, 525 So. 2d 989, 990 (Fla. 3d DCA 1988). Accordingly, we do not reach the issue because RS & H filed no motion for rehearing or cross-appeal seeking a ruling on Slavin. REVERSED and REMANDED with instructions. SAWAYA and COHEN, JJ., concur. . Slavin v. Kay, 108…

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