CHANDLER'S RESTAURANT, INC., A FLORIDA CORPORATION, APPELLANT,
v.
LOUISE VOILER AND HARRY VOILER, HER HUSBAND, APPELLEES

Fla. 3d DCA | 1962-11-05
No. 62-21
Before PEARSON, TILLMAN, C. J., and HORTON and HENDRY, JJ.
146 So. 2d 105 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks a determination by this court that the trial judge erred in limiting the issue to damages upon trial after default, and in not ruling that the successful defense of another defendant in a prior trial inured to its benefit. The record before this court, however, is devoid of any attempt by defendant-appellant either to seek a trial on the question of liability or to have the trial court rule that the successful defense by defendant Fan & Bill’s, Inc. required judgment in its favor in the later trial. Therefore, the judgment appealed is affirmed upon the basis of the rule stated in Greene v. Hoiriis, Fla.App. 1958, 103 So.2d 226; Robinson v. Foland, Fla.App. 1960, 124 So.2d 512.

Affirmed.

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  • Matarese v. Leesburg Elks Club, 171 So. 2d 606 (Fla. 2d DCA 1965)
    …ttecasi v. Board of Public Instruction of Pinellas County, Fla.App.1963, 156 So. 2d 652; Smith v. Musso, Fla.App.1963, 151 So. 2d 475; Posey v. Pensacola Tractor & Equipment Company, Fla.App.1962, 138 So. 2d 777; Sakowitz v. Marshall, Fla.App. 1962, 146 So. 2d 105; Food Fair Stores of Florida, Inc. v. Patty, Fla.1959, 109 So. 2d 5.…
  • Fischer v. Bernard's Surf, 217 So. 2d 576 (Fla. 4th DCA 1969)
    …to deliver possession of the automobile to the plaintiffs. Hence this appeal. In considering a motion for a summary judgment, the trial court is limited to whether there exists a genuine issue of a material fact. Sakowitz v. Marshall, Fla.App.1962, 146 So. 2d 105. In passing upon a motion for summary judgment, the trial judge may not permit his decision to be influenced by the chance of success which he considers either party may have on the trial. Nor is the trial court privileged to consider either the wei…
  • Bache v. Edythe Lefcoe, 162 So. 2d 525 (Fla. 3d DCA 1964)
    …nd the matter should proceed to a determination of the issues by the trier of the fact; either a jury, trial judge or chancellor. See: Posey v. Pensacola Tractor & Equipment Company, Fla.App. 1962, 138 So. 2d 777; Sakowitz v. Marshall, Fla.App.1962, 146 So. 2d 105; Smith v. Musso, Fla.App.1963, 151 So. 2d 475. Therefore, there having been issues made by the pleadings in this cause as to whether or not there was, in fact, a mistake in delivery [which issue was not resolved by the record at the time the chancel…

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