CARMINE TINO AND CARMELA TINO, HIS WIFE, APPELLANTS,
v.
OUTDOOR MEDIA, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1970-12-22
No. 69-1077
Before PEARSON, C. J., and CHARLES CARROLL and HENDRY, JJ-
242 So. 2d 196 Florida District Court of Appeal, Third District (1970) Caution
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment appealed from in this case dismissed an amended complaint whereby the appellants sought damages for breach of a ten year lease of certain real estate made to the appellee as lessee. The trial court was correct in holding the lease was not enforceable. The real estate involved was owned m an estate by the entireties by appellants who were husband and wife.

The lease was signed by the husband but was not signed by the wife. Failure of the wife to join and sign the lease made this ten year lease defective. See Richart v. Roper, 156 Fla. 822, 25 So.2d 80, 81. The lease was defective also because not witnessed as required by § 689.01 Fla.Stat., F.S.A.

Affirmed.


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Citator

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  • Y.H. v. F.L.H. and K.W.H., 784 So. 2d 565 (Fla. 1st DCA 2001)
    …) (“In an adoption proceeding, as well as any other kind of proceeding regarding the custody of a child, the primary issue is the best-interest and welfare of the child. Harden v. Thomas, 329 So. 2d 389 (Fla. 1st DCA 1976), In re Adoption by Cooper, 242 So. 2d 196 (Fla. 1st DCA 1970); In re Vincent’s Adoption, 219 So. 2d 454 (Fla. 1st DCA 1969).”). Because the child’s interests are most important, the court should make its best effort to base its judgment on all of the pertinent facts elicited during hearing…
  • Jones v. Otis W. Allen and his wife, 277 So. 2d 599 (Fla. 2d DCA 1973)
    …uire a showing of a complete and total abandonment of a child by a natural parent for strangers to prevail over such parent in an adoption proceeding, Florida does not require such a stringent showing. See, 35 A.L.R.2d 662; In re Adoption by Cooper, 242 So. 2d 196 (1st D.C.A.Fla.1970); In re Adoption of Vincent, 219 So. 2d 454 (1st D.C.A.Fla.1969); In re Miller, 227 So. 2d 73 (4th D.C.A.Fla.1969). The foregoing citations plainly indicate that if strangers to the child can demonstrate by clear and convincing e…
  • …9, Laws of Florida. Before then, the required showing for adoption was that the adoptive parents were fit and proper, that the best interests of the child would be promoted, and that the child was suitable for adoption. See In re Adoption by Cooper, 242 So. 2d 196 (Fla. 1st DCA 1970). Before 1973, abandonment and the inability to locate a parent would excuse a lack of notice, but were not a required showing for adoption. See Fielding v. Highsmith, 152 Fla. 837, 13 So. 2d 208 (1943).…

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