ANGEL LAGO, APPELLANT,

v.

CITY OF MIAMI

Citator

Cited By

• Dingle v. Prikhdina, 59 So. 3d 326 (Fla. 5th DCA 2011)
  …eld to grant only those powers which are specified. Bloom v. Weiser, 348 So. 2d 651, 653 (Fla. 3d DCA 1977). An agent cannot make a gift of his principal’s property to himself or others unless it is expressly authorized in the power. James v. James, 843 So. 2d 304, 308 (Fla. 5th DCA 2003). A general power does not include the power to make a gift. See Johnson v. Fraccacreta, 348 So. 2d 570 (Fla. 4th DCA 1977).3 Here, the power of attorney clearly included the power to convey real property, however, it did not…
• Three Keys, Ltd. v. Kennedy Funding, Inc., 28 So. 3d 894 (Fla. 5th DCA 2009)
  …nt’s overall terms shows this was not intended by the parties. The element of reasonableness in this case must be interpreted in conjunction with the sole discretion vested in the Lead to liquidate the Property. The Participant cites James v. James, 843 So. 2d 304 (Fla. 5th DCA 2003), and Frostar Corp. v. Malloy, 63 Mass.App.Ct. 96, 823 N.E. 2d 417 (2005), in arguing that the trial court erroneously directed the verdict. In Frostar, the alleged breach of an implied covenant of good faith and fair dealing was…
• Gurfinkel v. Josi, 972 So. 2d 927 (Fla. 3d DCA 2007)
  …nd, modify, or revoke any document or other disposition effective at the principal’s death or transfer assets to an existing trust created by the principal unless expressly authorized by the power of attorney ....”) (emphasis added); James v. James, 843 So. 2d 304, 308 (Fla. 5th DCA 2003) (“In general, an agent cannot make gifts of his principal’s property to himself or others unless it is expressly authorized in the power.”) (emphasis added); Vaughn v. Batchelder, 633 So. 2d 526, 528 (Fla. 2d DCA 1994); Kots…

Authorities Cited

• Albelo v. S. Bell k/n/a Bell S. Telecomms., Inc., 682 So. 2d 1126 (Fla. 4th DCA 1996)
• John D. Corbitt, JR., M.D. v. Genevieve Kuruvilla, M.D., 745 So. 2d 545 (Fla. 4th DCA 1999)