ALYCE WHITE AND GLORIA BEAVERS JACKSON, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF JUNE LOUISE BEAVERS, APPELLANTS,
v.
GURBACHI SONI, M.D., APPELLEE
ALYCE WHITE AND GLORIA BEAVERS JACKSON, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF JUNE LOUISE BEAVERS, APPELLANTS,
GURBACHI SONI, M.D., APPELLEE
550 So. 2d 75
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant appeals from an order of final summary judgment entered by the trial court in favor of the defendant, Dr. Gurba-chan Soni. We have previously stated our disapproval of the unorthodox procedure by which the summary judgment was entered, see Lombard v. Executive Elevator Serv., Inc., 545 So. 2d 453 (Fla. 3d DCA 1989); however, in this case it is apparent that the plaintiff invited the trial court to follow the procedure employed, and, therefore, we affirm the summary judgment.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fouts v. Bowling, 596 So. 2d 95 (Fla. 3d DCA 1992)…Elevator Serv., 545 [*96] So. 2d 453 (Fla.3d DCA 1989). We therefore reverse the final judgment.2 Reversed and remanded. . Plaintiff did not agree to or invite this procedure. See Whitney v. Brown, 588 So. 2d 681 (Fla.3d DCA 1991); White v. Soni, 550 So. 2d 75 (Fla.3d DCA 1989). . If this cause survives a proper summary judgment motion, Fouts will be entitled to a jury trial. See Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, 494 U.S. 558, 563-568, 110 S.Ct. 1339, 1344-1346, 108 L.Ed.2d 519,…
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Whitney v. Brown, 588 So. 2d 681 (Fla. 3d DCA 1991)…. Based on the above statement, and because the dismissed party swore she had produced all documents, and in light of the fact that the trustee came forward with no evidence proving otherwise, we affirm the trial court’s order. As in White v. Soni, 550 So. 2d 75 (Fla. 3d DCA 1989), “the plaintiff invited the trial court to follow the procedure employed....” See Sundale Assoc. Ltd. v. Southeast Bank, 471 So. 2d 100 (Fla. 3d DCA 1985) (error affirmatively invited could not be successfully presented on appeal)…
Authorities Cited
- Lombard v. Executive Elevator Serv., Inc., 545 So. 2d 453 (Fla. 3d DCA 1989)