ETHEL E. PINSKER, APPELLANT,
v.
FILMORE INVESTORS CORP., A FLORIDA CORPORATION AND SOMERSET LAND, INC., A FLORIDA CORPORATION, APPELLEES
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Ethel E. Pinsker, plaintiff, appeals from a final judgment rendered for the defendants in a declaratory decree action.
Plaintiff agrees that the finding of facts contained in the final decree are not in dispute except as to the accounting.
We have reviewed the conclusions and adjudications in the final judgment which were based on those findings of fact and hold that no reversible error has been demonstrated in the final decree, including the accounting.
No error was made in the denial of plaintiff’s motion to amend the complaint by adding additional defendants and to have the available assets of all the defendants marshalled. This motion was made after plaintiff had presented her case and rested. No abuse of discretion by the trial judge has been shown in this appeal. Wooten v. Wooten, Fla.App.1968, 213 So.2d 292; Triax, Inc. v. City of Treasure Island, Fla.App.1968, 208 So.2d 669; and Houston Texas Gas & Oil Corporation v. Hoeffner, Fla.App.1961, 132 So.2d 38.
The final decree is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Casas v. Rosell, 359 So. 2d 491 (Fla. 3d DCA 1978)…than three months thereafter, we would be inclined to plaintiff’s view. However, because of the delay and the fact that the motion appears as an afterthought or reassessment of the case, we cannot find error. See Pinsker v. Filmore Investors Corp., 243 So. 2d 165 (Fla.3d DCA 1971); Cohen v. Landow, 242 So. 2d 801 (Fla.3d DCA 1971); and Houston Texas Gas & Oil Corporation v. Hoeffner, supra. Accordingly, the judgment is affirmed in part, reversed in part and remanded. The judgment is affirmed with regard to…
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Trexler v. Fiat Motor Co., 400 So. 2d 1320 (Fla. 5th DCA 1981)…er judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney’s fees and costs from the nonprevailing party. . See Casas v. Rosell, 359 So. 2d 491 (Fla. 3d DCA 1978); Pinsker v. Filmore Investors Corp., 243 So. 2d 165 (Fla. 3d DCA 1971). . Rule 2-19.05 states in pertinent part: It shall be an unfair or deceptive act or practice for a motor vehicle dealer to: (7) Fail to honor his expressed warranty agreement or any warranties implied by law as represented in t…
Authorities Cited
- Houston Tex. GAS & OIL Corp. v. Hoeffner, 132 So. 2d 38 (Fla. 2d DCA 1961)
- Triax, Inc. v. City OF Treasure Island, 208 So. 2d 669 (Fla. 2d DCA 1968)
- Wooten v. Wooten, 213 So. 2d 292 (Fla. 3d DCA 1968)