Merger Of Cause Of Action Into Judgment

12 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Variety Child's. Hosp., Inc. v. Perkins
  382 So. 2d 331· Fla. 3d DCA· 1980-02-05 ·cited 63×
  Variety Children's Hospital appeals a $1.2 million jury verdict in a medical malpractice case involving negligent post-operative care of a four-month-old patient. The court affirms the judgment, holding that the hospital was vicariously liable for the negligence of its resident p
• Variety Child's. Hosp. v. Perkins
  445 So. 2d 1010· Fla.· 1983-12-15 ·cited 61×
  The Florida Supreme Court held that a judgment for personal injuries recovered during a person's lifetime bars a subsequent wrongful death action based on the same tortious conduct, rejecting the district court's view that wrongful death is an independent cause of action. The cou
• Movielab, Inc. v. Davis
  217 So. 2d 890· Fla. 3d DCA· 1969-01-21 ·cited 28×
  Movielab sought to enforce a New York judgment against Davis in Florida state court. The trial court granted Davis's motion for judgment on the pleadings, finding that the release of Davis's co-guarantor released all judgment debtors under Florida law. Movielab appealed, arguing
• Toombs v. Alamo Rent-A-Car, Inc.
  833 So. 2d 109· Fla.· 2002-10-31 ·cited 23×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether survivors can bring a wrongful death action against a car rental company when the decedent was a co-bailee of the rental vehicle. The Court held that because the decedent had no right of a
• Fla. Pottery Stores OF Panama City, Inc. v. Am. Nat'l Bank
  578 So. 2d 801· Fla. 1st DCA· 1991-04-23 ·cited 23×
  Florida Pottery Stores and its guarantors appealed a summary judgment dismissing their counterclaim against American National Bank for breach of an alleged oral agreement to secure loan participation, and challenged an award of post-judgment attorney's fees. The court reversed, f
• Brinker v. Ludlow
  379 So. 2d 999· Fla. 3d DCA· 1980-02-05 ·cited 23×
  The Florida District Court of Appeal reversed a writ of mandamus requiring the Clerk of the Circuit Court to record a cost judgment without charge for an indigent party. The court held that Florida's indigency statute (§57.081) applies only to costs incurred during the prosecutio
• Manley v. The Union Bank of Fla.
  1 Fla. 160· Fla.· 1846-01-01 ·cited 13×
  A mortgagee that has obtained a judgment at law upon the debt secured by a mortgage cannot thereafter proceed under a foreclosure statute to obtain another judgment at law for the same debt, as this would constitute an impermissible multiplicity of actions. An administrator de bo
• Ludlow v. Brinker
  403 So. 2d 969· Fla.· 1981-07-30 ·cited 10×
  Section 57.081(1), Florida Statutes, which provides indigent litigants with free court services for 'actionable claims or demands,' does not extend to the recordation of post-judgment cost judgments because such recordation occurs after the cause of action has merged into a final
• Jpmorgan Chase Bank, N.A. v. Hernandez
  99 So. 3d 508· Fla. 3d DCA· 2011-06-22 ·cited 6×
  JPMorgan Chase Bank appeals the trial court's vacation of a final mortgage foreclosure judgment and dismissal of its complaint. The court reverses, finding no legal basis for vacating the judgment and holding that a fabricated promissory note and unsupported tender letter cannot
• Kaufman v. Herrman
  748 So. 2d 310· Fla. 4th DCA· 1999-10-27 ·cited 1×
  A personal injury action does not abate if the plaintiff dies after a verdict is rendered but before a final judgment is entered, as the verdict conclusively resolves the dispute.
• Connors v. Gallick
  339 F.2d 381· 6th Cir.· 1964-12-19
  The court held that the deceased's cause of action merged into his judgment, and his death while a motion for new trial was pending did not convert the judgment into a survival action for beneficiaries.
• Republic Mach. Tool Corp. v. Fed. Cartridge Corp.
  168 F.2d 416· 8th Cir.· 1948-06-11
  The court held that the plaintiff's petition for an additional money judgment was an improper attempt to modify a final judgment that had already been satisfied.