Welch v. State, 180 So. 3d 165 (Fla. 1st DCA 2015). · Go Syfert
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Welch v. State, 180 So. 3d 165 (Fla. 1st DCA 2015). Cases Citing This Book View Copy Cite
“since ahearn's individual breach of contract claim was extinguished, any claim for breach of the implied covenant of good faith and fair dealing is also extinguished.”
18 citation events (18 in the last 25 years) across 3 distinct courts.
Strongest positive: DARREN WHITE v. FORT MYERS BEACH FIRE CONTROL DISTRICT (fladistctapp, 2020-09-04)
Top citers, strongest first. 9 distinct citers.
discussed Cited as authority (verbatim quote) DARREN WHITE v. FORT MYERS BEACH FIRE CONTROL DISTRICT
Fla. Dist. Ct. App. · 2020 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
since ahearn's individual breach of contract claim was extinguished, any claim for breach of the implied covenant of good faith and fair dealing is also extinguished.
cited Cited as authority (rule) MacuHealth, LP v. Vision Elements, Inc.
M.D. Fla. · 2024 · confidence medium
“The term ‘aggrieved’ is not defined in FDUTPA.” Ahearn v. Mayo Clinic, 180 So. 3d 165, 171 (Fla. 1st DCA 2015).
cited Cited as authority (rule) Kukorinis v. Walmart, Inc.
M.D. Fla. · 2023 · confidence medium
Fla. June 14, 2019) (citing Ahearn v. Mayo Clinic, 180 So. 3d 165, 172 (Fla. 1st DCA 2015)).
discussed Cited as authority (rule) MARISOL ROSA vs SAFEPOINT INSURANCE COMPANY
Fla. Dist. Ct. App. · 2022 · confidence medium
The policy at issue references “an Act of God” more than once in its Cancellation and Nonrenewal sections. “[W]here the document has used one term in one place, and a materially different term in another, the presumption is that the different term denotes a different idea.” Ahearn v. Mayo Clinic, 180 So. 3d 165, 171 (Fla. 1st DCA 2015) (quoting A. Scalia & B.
discussed Cited as authority (rule) PIRATE'S TREASURE, INC. v. CITY OF DUNEDIN, FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
It also bears emphasis that Rich was not a case to which the summary judgment standard applied.1 The very most that Rich stands for is that a property owner who challenges a local government's land-use decision risks losing standing to obtain a 1Another case the City emphasizes, Ahearn v. Mayo Clinic, 180 So. 3d 165, 174 (Fla. 1st DCA 2015), did affirm a summary judgment finding that a class representative lost standing to maintain a class action challenging certain charges imposed by the defendant when the defendant waived the class representative's payment of the charges and offered to pay h…
discussed Cited as authority (rule) STEWART AGENCY, INC., d/b/a EARL STEWART TOYOTA OF NORTH PALM BEACH v. ARRIGO ENTERPRISES, INC. d/b/a ARRIGO DODGE CHRYSLER JEEP RAM, etc.
Fla. Dist. Ct. App. · 2019 · confidence medium
Bureau of Palm Beach Cty., Inc., 169 So. 3d 164, 168 (Fla. 4th DCA 2015). 6 In Ahearn v. Mayo Clinic, 180 So. 3d 165, 171 (Fla. 1st DCA 2015), the court noted that the legislature did not define “aggrieved person.” The statute provides that “anyone aggrieved” may obtain declaratory or injunctive relief under subsection (1), but “a person” who suffers actual damages may recover for a violation of FDUTPA under subsection (2).
discussed Cited as authority (rule) Earl Holmes v. Florida A&M University, by and through etc.
Fla. Dist. Ct. App. · 2018 · confidence medium
In its motions for 10 summary judgment, FAMU relied on our case Ahearn v. Mayo Clinic, 180 So. 3d 165, 170 (Fla. 1st DCA 2015), for the proposition that “a claim for breach of the implied covenant of good faith and fair dealing cannot be maintained under Florida law absent an allegation that an express term of the contract has been breached.” This contention apparently provided the trial court’s only rationale in granting summary judgment as to these counts.
cited Cited "see" Community Care Companions, Inc. v. Interim Healthcare, Inc.
E.D.N.Y · 2025 · signal: see · confidence high
See Ahearn v. Mayo Clinic, 180 So. 3d 165, 170 (Fla. Dist.
discussed Cited "see" PEOPLE'S TRUST INSURANCE COMPANY v. PAUL GUNNSSER
Fla. Dist. Ct. App. · 2023 · signal: see · confidence high
See id. at 471 (citing Ahearn v. Mayo Clinic, 180 So. 3d 165, 171 (Fla. 1st DCA 2015) (“[W]here the document has used one term in one place, and a materially different term in another, the presumption is that the different term denotes a different idea.” (quoting Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts § 25, at 170 (2012)))). 4 We find the Dodge and Rosa courts’ reasoning persuasive.
Johnny L. WELCH
v.
STATE of Florida
No. 1D15-4767.
District Court of Appeal of Florida, First District.
Nov 5, 2015.
180 So. 3d 165
Johnny L. Welch, pro se, Petitioner., Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.
Bilbrey, Lewis, Rowe.
Published
PER CURIAM.

DISMISSED. See Baker v. State, 878 So.2d 1236 (Fla.2004).

LEWIS, ROWE, and BILBREY, JJ„ concur.