Ciliberti v. Ciliberti

Ciliberti v. Ciliberti, 416 So. 2d 48 (Fla. Dist. Ct. App. 1982)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: July 6, 1982
Docket: No. 81-2386
Judges: Barkdull, Schwartz and Baskin
Citations: 416 So. 2d 48

Cited by 7 1 descriptions by later courts

Opinion

416 So.2d 48 (1982)

Vincent CILIBERTI, Appellant,

Conchita CILIBERTI and Dade Savings & Loan Association, Appellees.

No. 81-2386.

District Court of Appeal of Florida, Third District.

July 6, 1982.

*49 Prunty, Ross, Olsen & Israel and William Bruce Israel, Miami, for appellant.

Barranco & Kellough and Peter H. Kircher and Steven Kellough, Miami, for appellees.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

BASKIN, Judge.

Appellant husband filed a post-dissolution complaint in which he alleged that his former wife had fraudulently converted money market certificates. The wife sought and obtained dismissal of the complaint by asserting, in a motion to dismiss, affirmative defenses of estoppel, fraud, release, res judicata, and waiver.

We reverse upon our holding that the husband's claim was based upon conduct of which he had no knowledge at the time he executed the general release approved by the court in the dissolution proceeding. The release could not include a claim which had not matured at the time of its execution. Sottile v. Gaines Construction Co., 281 So.2d 558 (Fla. 3d DCA 1973), cert. denied, 289 So.2d 737 (Fla. 1974). In addition, the court erred in considering as the basis for dismissal affirmative defenses which did not appear on the face of the pleadings. Pizzi v. Central Bank & Trust Co., 250 So.2d 895 (Fla. 1971); Stern v. First National Bank of South Miami, 275 So.2d 58 (Fla. 3d DCA 1973); Fla.R.Civ.P. 1.110.

Reversed and remanded for further proceedings.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(a complaint for fraudulent conversion was not barred where claim was based on conduct of which plaintiff had no knowledge at time release was executed)

Caparroz v. Tecnica Y Motores, S.A., 511 So. 2d 648 (Fla. Dist. Ct. App. 1987)

Cited by 7 cases

View all citing references →

Relies on it most ⓘ

Scheck v. Burger King Corp.756 F. Supp. 543 (S.D. Fla. 1991)
Xanadu of Cocoa Beach, Inc. v. Zetley822 F.2d 982 (11th Cir. 1987)
Kenet v. Bailey679 So. 2d 348 (Fla. Dist. Ct. App. 1996)
Gulf Group Holdings, Inc. v. Coast Asset Management Corp.516 F. Supp. 2d 1253 (S.D. Fla. 2007)
Xanadu of Cocoa Beach, Inc. -Counterclaim v. Marvin A822 F.2d 982 (3d Cir. 1987)
Dennis v. Daldossi418 So. 2d 313 (Fla. Dist. Ct. App. 1982)

Most recent

Gulf Group Holdings, Inc. v. Coast Asset Management Corp.516 F. Supp. 2d 1253 (S.D. Fla. 2007)
Kenet v. Bailey679 So. 2d 348 (Fla. Dist. Ct. App. 1996)
Scheck v. Burger King Corp.756 F. Supp. 543 (S.D. Fla. 1991)
Caparroz v. Tecnica Y Motores, S.A. De C.V.511 So. 2d 648 (Fla. Dist. Ct. App. 1987)
Xanadu of Cocoa Beach, Inc. -Counterclaim v. Marvin A822 F.2d 982 (3d Cir. 1987)
Xanadu of Cocoa Beach, Inc. v. Zetley822 F.2d 982 (11th Cir. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Pizzi v. Cent. Bank & Trust Co., 250 So. 2d 895 (Fla. 1971)	45
	Sottile v. Gaines Constr. Co., 281 So. 2d 558 (Fla. Dist. Ct. App. 1973)	24
	Stern v. First Nat'l Bank of South Miami, 275 So. 2d 58 (Fla. Dist. Ct. App. 1973)	19

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