MARION MACDONALD, APPELLANT,
v.
FINANCIAL INDEMNITY COMPANY, AN INSURANCE COMPANY LICENSED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-10-08
No. 67-956
Before CHARLES CARROLL, C. J., and PEARSON and BARKDULL, JJ.
214 So. 2d 488 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on authority of Jefferson Insurance Company v. Fischer, Fla.1964, 166 So.2d 129.


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  • Taco Bell OF California v. Zappone, 324 So. 2d 121 (Fla. 2d DCA 1975)
    …within the scope of his actual or apparent authority, and not specifically authorized or ratified by Taco Bell, then there would be no liability to Taco Bell as a principal. Kennedy and Cohen, Inc. v. Allen Appliance Service, Inc., Fla.App.3d 1968, 214 So. 2d 488. And where, as here, the evidence showed that Radford was an agent with certain actual authority, but the scope of his apparent authority was in dispute, it was critical for the triers of fact to have the opportunity to make its own finding on this…
  • In re Est. of Ann v. Dalton, 246 So. 2d 612 (Fla. 3d DCA 1971)
    …z v. Orlowitz, Fla.1967, 199 So. 2d 97; Charles Sales Corp. v. Rovenger, Fla.1956, 88 So. 2d 551; Certain Underwriters, Etc. v. Hawthorne Flying Serv., Fla. 1953, 63 So. 2d 308; Kennedy and Cohen, Inc. v. Allen Appliance Service, Inc., Fla.App.1968, 214 So. 2d 488; and Girten v. Bouvier, Fla.App.1963, 155 So. 2d 745. We find no abuse of discretion by the trial judge in the denial of the motions to produce. Error is claimed by the exclusion from evidence of testimony of an expert witness to the effect that t…
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    …failure to so abide. Warriner v. Ferraro, Fla.App.1965, 177 So. 2d 723. The sanction of dismissal is made available in discovery matters within the broad discretion of the court. Kennedy & Cohen, Inc. v. Allen Appliance Service, Inc., Fla.App. 1968, 214 So. 2d 488; Rule 1.380(b)(2)(C), RCP. Upon exercise of' the court’s discretionary authority to sanction, as in the case sub judice, the successor judge was without authority to set aside that order. The general rule is that a successor judge cannot review, mo…

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