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Noti v. Holiday

Charles NOTI v. Thomas HOLIDAY, a/k/a Tom Hobday

Noti v. Holiday, 458 So. 2d 795 (Fla. Dist. Ct. App. 1984)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
October 16, 1984
Docket
No. 84-491
Judges
Barkdull, Jorgenson, Nesbitt
Citations
458 So. 2d 7959 Fla. L. Weekly 22031984 Fla. App. LEXIS 15566

Opinion of the Court

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PER CURIAM.

We reverse the trial court’s order of final judgment entering judgment for Holiday on Noti’s complaint for eviction and imposing a resulting trust on the property in favor of Holiday. Holiday failed to prove by clear and convincing evidence, Hiestand v. Geier, 396 So.2d 744 (Fla. 3d DCA), review denied, 407 So.2d 1103 (Fla. 1981), that Koch (Holiday’s alleged prede *796 cessor in interest) had bound himself to an absolute obligation to pay off the mortgage note executed by Noti and his wife, Socarras v. Yaque, 452 So.2d 992 (Fla. 3d DCA 1984).

The case is remanded to the trial court with directions to consider the merits of Holiday’s counterclaim seeking damages and the imposition of an equitable lien on the property in question for improvements he had made thereto, such claim having been dismissed as being moot in light of the judgment rendered by the trial court on the parties’ other claims.

Reversed and remanded with directions.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1990: 119902026peak 1990 · 1

Relies on it most ⓘ

  1. Gibson v. Resolution Trust Corp.750 F. Supp. 1565 (S.D. Fla. 1990)

Most recent

  1. Gibson v. Resolution Trust Corp.750 F. Supp. 1565 (S.D. Fla. 1990)

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 2

DepthCaseCited by
Hiestand v. Geier, 396 So. 2d 744 (Fla. Dist. Ct. App. 1981) 18
Socarras v. Yaque, 452 So. 2d 992 (Fla. Dist. Ct. App. 1984) 10

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