BRIAN SCHUMACHER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN SCHUMACHER, APPELLANT,
v.
METROPOLITAN LIFE INSURANCE COMPANY, D/B/A TAMPA AIRPORT HILTON HOTEL, TAMPA AIRPORT HILTON HOTEL, CITY OF TAMPA, A MUNICIPALITY OF THE STATE OF FLORIDA, LAWRENCE G. TUTTLE AND TAMPA SPORTS AUTHORITY, APPELLEES
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PER CURIAM.
Appellant seeks review of the final judgment in favor of appellee Metropolitan Life Insurance Co., which dismissed appellant’s complaint for failure to state a cause of action. The complaint sought damages based on a liquor vendor’s knowingly serving liquor to a person habitually addicted to alcohol. The trial court granted appellee’s motion to dismiss based on this court’s opinion in Ellis v. N.G.N. of Tampa, Inc., 561 So. 2d 1209 (Fla. 2d DCA 1990). We reverse.
At the request of the parties, this court stayed this appeal pending a decision by the supreme court. The parties agree that Ellis v. N.G.N. of Tampa, Inc., 586 So. 2d 1042 (Fla.1991), requires reversal. We reverse and remand for further proceedings consistent with Ellis and Peoples Restaurant v. Sabo, 591 So. 2d 907 (Fla.1991).
Reversed and remanded.
SCHOONOVER, C.J., and SCHEB and ALTENBERND, JJ., concur.
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Citator
Cited By
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Brown v. Reynolds, 872 So. 2d 290 (Fla. 2d DCA 2004)…s entitled to a final judgment declaring the plaintiffs right to retain possession of the property plus damages sustained as a result of the wrongful taking or detention. § 78.18; see Fla. R. Civ. P. Form 1.995(a); HEG, Inc. v. Bay Bank & Trust Co., 591 So. 2d 1011 (Fla. 1st DCA 1991).2 [*295] The Hearing in this Case In this case, Brown filed a “Motion for Hearing and/or Show Cause Order” and invoked sections 78.065 and 78.067, which provided for issuance of a writ of replevin prior to the entry of final jud…
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Campos v. Courtesy Ford, Inc., 900 So. 2d 707 (Fla. 3d DCA 2005)…he plaintiff adequate compensation, and in such cases he is entitled, not to interest on the value, but to the value of the use. Ocala Foundry & Machine Works v. Lester, 49 Fla. 199, 38 So. 51, 53 (1905). See also Heg, Inc. v. Bay Bank & Trust Co., 591 So. 2d 1011, 1013 (Fla. 1st DCA 1991)(“Many authorities hold and this court herein agrees that the true measure of damages [in a replevin action] is the fair, reasonable, ordinary value of the use of the property.’’)(quoting Ocala Foundry & Machine Works, 38 So…1 / 2
Authorities Cited
- Ellis v. N.G.N. OF Tampa, Inc., 586 So. 2d 1042 (Fla. 1991)
- Peoples Rest. v. Sabo, 591 So. 2d 907 (Fla. 1991)
- Ellis v. N.G.N. OF Tampa, Inc., 561 So. 2d 1209 (Fla. 2d DCA 1990)