IN THE INTEREST OF ALEXIS N. BRINKER. KATHLEEN M. REILLY AND RAYMOND J. REILLY, HER HUSBAND, APPELLANTS,

v.

PATRICK M. BRINKER, APPELLEE

Citator

Cited By

• Oregrund Ltd. P'ship v. Sheive, 873 So. 2d 451 (Fla. 5th DCA 2004)
  …in usury, and for the related relief of quiet title11 and civil theft.12 We find nothing in the record to justify the dismissal of Count VII, which alternately pleaded for a declaration of the deed to be a mortgage, section 697.01, Blanco v. Novoa, 854 So. 2d 672 (Fla. 3d DCA 2003), Smith v. Potter, 406 So. 2d 1231 (Fla. 5th DCA 1981); or for cancellation of the deed, Leonard v. Howarth, 153 So. 2d 743 (Fla. 2d DCA 1963). Accordingly, we reverse the trial court’s orders and remand for further action consiste…
• Dalia Minalla v. Equinamics Corp., 954 So. 2d 645 (Fla. 3d DCA 2007)
  …t the trial court erred in imposing such a requirement, erred in entering the default judgment, and reverse the entry of the final default judgment. Id. at 897-98; see also Grimm v. Huckabee, 891 So. 2d 608 (Fla. 1st DCA 2005). Cf. Blanco v. Novoa, 854 So. 2d 672, 673 (Fla. 3d DCA 2003)(reversing a motion to pay accrued “rent” into the registry of the court where the trial court “construed the agreement between Blanco and Novoa to be a [true] lease” rather than a mortgage); First Hanover v. Vazquez, 848 So.…
• Knowles v. Edwards, 967 So. 2d 255 (Fla. 3d DCA 2007)
  …e with a contract of repurchase, the court will look at the circumstances underlying the transaction. See Pineapple Orange Co. v. White, 113 Fla. 774, 152 So. 863, 864 (1934). A court also considers the parties’ real intentions. See Blanco v. Novoa, 854 So. 2d 672, 674 (Fla. 3d DCA 2003); McLendon v. Davis, 131 So. 2d 765, 767 (Fla. 3d DCA 1961). Here, there was no competent substantial evidence that the conveyance from Mintz to Knowles by a quitclaim deed was a loan. On the contrary, the only competent subs…