ELECTRIC MACHINERY ENTERPRISES, INC., A FLORIDA CORPORATION, APPELLANT/CROSS-APPELLEE,
v.
STANLEY KOWALSKI ELECTRICAL CONTRACTORS, INC., A FLORIDA CORPORATION, APPELLEE/CROSS-APPELLANT
ELECTRIC MACHINERY ENTERPRISES, INC., A FLORIDA CORPORATION, APPELLANT/CROSS-APPELLEE,
STANLEY KOWALSKI ELECTRICAL CONTRACTORS, INC., A FLORIDA CORPORATION, APPELLEE/CROSS-APPELLANT
745 So. 2d 1016
Florida District Court of Appeal, Fourth District (1999)
Caution
Cited by 18 cases
Opinion of the Court
PER CURIAM.
The mathematical computation that justifies the amount of the final judgment is set forth on page 13 of appellee’s brief. We affirm the final judgment in all respects, except one. We reverse for a new trial on damages attributable to the counterclaim of Electric Machinery Enterprises, Inc. The damage figure of only $9,100 was not supported by the evidence at trial.
Affirmed in part, reversed in part, and remanded.
POLEN, GROSS, JJ., and McCARTHY, TIMOTHY P., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State, 921 So. 2d 490 (Fla. 2005)…about a surprise party); Alvarez v. State, 768 So. 2d 1224, 1225 (Fla. 3d DCA 2000) (holding that defendant lacked consent to enter where he gained entry into the victim’s house on the subterfuge that he wished to use the bathroom); Gordon v. State, 745 So. 2d 1016 (Fla. 4th DCA 1999) (holding that defendant’s conduct in feigning toothache to gain entry into the victim’s home negated consent). XII. THE NONSTATUTORY MITIGATING CIRCUMSTANCE JURY INSTRUCTION Johnson argues that the nonstatutory mitigating circu…
-
Schrack v. State, 793 So. 2d 1102 (Fla. 4th DCA 2001)…s evidence affirmatively established that his entry into Mr. Bode’s home was by consent. He relies upon the Florida Supreme Court’s recent opinion in Delgado v. State, 776 So. 2d 233 (Fla.2000) , [*1104] which he contends overruled Gordon v. State, 745 So. 2d 1016 (Fla. 4th DCA 1999), Howard v. State, 400 So. 2d 1329 (Fla. 4th DCA 1981), and Thomas v. State, 742 So. 2d 326 (Fla. 3d DCA 1999). We conclude that these cases are unaffected by Delgado and reiterate that entrance gained into a home by trick or frau…
-
Freddrick Brooks v. State, 764 So. 2d 648 (Fla. 4th DCA 2000)…PER CURIAM. We reverse Brooks’ sentence and remand for re-sentencing in accordance with this court’s opinions in Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999), and Gordon v. State, 745 So. 2d 1016 (Fla. 4th DCA 1999), cause dismissed, 751 So. 2d 50 (Fla.2000), and certify conflict with Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999). [*649] As to all other issues raised on appeal, we find no error and, therefore, affirm. DELL, STONE, and…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence