ZDENKA SLOMOVIC, APPELLANT,
v.
VES CARPENTER CONTRACTORS, INC., A FLORIDA CORPORATION, WALTER MEISNER AND LILLIAN MEISNER, APPELLEES
Explore caselaw by topic → Browse Appellate Procedure cases and more on FLexlaw
DOWNEY, Judge.
This interlocutory appeal from an order of the trial court granting defendants’ motion for summary judgment as to Count I of the amended complaint and striking certain portions of the prayer of Count II of the amended complaint, is reversed on authority of Zimmerman v. Diedrich, Fla. 1957, 97 So. 2d 120; Koplon v. Smith, Fla. 1973, 271 So. 2d 762; Dolan v. Wright, 289 So. 2d 777, 4th DCA, Opinion filed February 15, 1974.
It would have been most helpful in this case had appellees filed a brief as required by rule 3.7(b), F.A.R., 32 F.S.A. Once again, attention is drawn to an appellee’s responsibility thereunder to support the ruling of the trial court (or concede error) and assist the appellate court through the medium of a responsive brief. Holden v. City of Ft. Lauderdale, Fla.App. 1973, 286 So. 2d 218.
Reversed.
WALDEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cain v. Cain, 549 So. 2d 1161 (Fla. 4th DCA 1989)…is drawn to appellee’s responsibility to support the ruling of the trial court or concede error and assist the appellate court through the medium of a responsive brief under Fla.R. App.P. 9.200. See also Slomovic v. Ves Carpenter Contractors, Inc., 292 So. 2d 60 (Fla. 4th DCA 1974). The order denying the husband’s homestead exemption and ordering a sheriff’s sale is reversed and remanded to the trial court with directions to enter an order for the husband. REVERSED AND REMANDED. DOWNEY and DELL, JJ., con…
-
John's Pass Seafood Co. v. Weber, 369 So. 2d 616 (Fla. 2d DCA 1979)…gned to protect. There are several Florida cases in which exculpatory clauses executed by a tenant in favor of his landlord have been upheld, but none of these dealt with the specific violation of safety codes. E. g., Rubin v. Randwest Corporation, 292 So. 2d 60 (Fla. 4th DCA 1974); Middleton v. Lomaskin, 266 So. 2d 678 (Fla. 3d DCA 1972). With the passage of Section 83.47, Florida Statutes (1977), the validity of an exculpatory provision for any purpose in a residential lease is in serious doubt. In any ev…
-
Harry v. Rubin, 305 So. 2d 786 (Fla. 1974)…Certiorari denied. 292 So. 2d 60. ADKINS, C. J., and ROBERTS, BOYD and OVERTON, JJ„ concur. ERVIN, McCAIN and DEKLE, JJ., dissent.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frieda Zimmerman v. Diedrich, 97 So. 2d 120 (Fla. 1957)
- Holden v. City OF Fort Lauderdale, 286 So. 2d 218 (Fla. 4th DCA 1973)
- Koplon v. Smith, 271 So. 2d 762 (Fla. 1972)
- Dolan v. Allyn M. Wright, 289 So. 2d 777 (Fla. 4th DCA 1974)