MCCAFFREY-RUDDOCK TAGLINE CORPORATION, A FOREIGN CORPORATION, AND AMERICAN LEASING PLANS, INC., ETC., PETITIONERS,
v.
CARL S. HOSKINS AND RAYBON H. CARTER, RESPONDENTS
MCCAFFREY-RUDDOCK TAGLINE CORPORATION, A FOREIGN CORPORATION, AND AMERICAN LEASING PLANS, INC., ETC., PETITIONERS,
CARL S. HOSKINS AND RAYBON H. CARTER, RESPONDENTS
305 So. 2d 877
Florida District Court of Appeal, First District (1974)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In this petition for writ of certiorari, the petitioners in seeking the extraordinary writ of common law certiorari argues that the trial court erred in not granting its motion to dismiss. Without reaching the merits, it is our view that the office of common law certiorari is not available to petitioners; therefore, the subject petition is
Denied.
RAWLS, C. J., and JOHNSON and Mc-CORD, JJ., concur.
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Lumbermens Mut. Cas. Co. v. Martin, 399 So. 2d 536 (Fla. 3d DCA 1981)…n made, the policy was properly reformed to change the named insured from Felix Martin to Francisco Martin, Sr., the father of the decedent, Francisco, Jr.; Poland v. Phillips, 371 So. 2d 1053 (Fla.3d DCA 1979); Boston Old Colony Ins. Co. v. Popple, 305 So. 2d 877 (Fla. 1st DCA 1974); see Hanover Ins. Co. v. Publix Market, Inc., 198 So. 2d 346 (Fla. 4th DCA 1967); and (c) Under the applicable pre-.§ 627.4132 law,2 since Francisco, Jr. was a relative of the named insured residing in his household and therefor…
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Canal Ins. Co. v. Hartford Ins. Co., 415 So. 2d 1295 (Fla. 1st DCA 1982)…the evidence must clearly and convincingly show a mutual mistake of fact. Otherwise, the court will not be able to overcome the strong presumption that the contract expresses the intent of the parties. Boston Old Colony Insurance Company v. Popple, 305 So. 2d 877, 879 (Fla. 1st DCA 1974). Moreover, the mutual mistake must be determined to have existed at the time the contract was reduced to writing. Old Colony Insurance Company v. Trapani, 118 So. 2d 850, 852 (Fla.2d DCA 1960). Viewing the facts and all reas…
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USAA Cas. Ins. Co. v. Crista Marie Threadgill, 729 So. 2d 476 (Fla. 4th DCA 1999)…ause in a purchase and sale agreement reserving a life estate); Nall v. Raybon, 451 So. 2d 923, 924 (Fla. 1st DCA 1984) (allowing reformation where a mortgage cancellation erroneously included certain property); Boston Old Colony Ins. Co. v. Popple, 305 So. 2d 877, 880 (Fla. 1st DCA 1974) (allowing reformation of auto insurance policy where the wrong vehicle had been deleted from coverage). A final example of a reformation based on mutual mistake is contained in Circle Mortgage Corp. v. Kline, 645 So. 2d 75…
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