CopyCited 6 times | Published | Supreme Court of Florida | 1993 WL 417198
...ponsit Property Owners' Ass'n v. Emigrant Indus. Sav. Bank, 278 N.Y. 248, 15 N.E.2d 793 (1938) (home-owners' association that was created by developer to act as assignee of the benefit of covenant in deed had standing to enforce covenant); see also, § 68.06, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...ter's lifetime. It may be that at the trial the defendant will be unable to offer any competent evidence to sustain such affirmative defense (the burden of proof of which appears to be on the defendant notwithstanding the statutory language found in Section 68.06, F.S....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 123803
...eement. A.E. Melton and Franklin Investment Company v. Michigan Trust Company,
93 Fla. 64,
111 So. 513 (1927); Fred S. Conrad Construction Company v. Exchange Bank of St. Augustine,
178 So.2d 217 (Fla. 1st DCA 1965); 4 Fla.Jur.2d, Assignments § 16; Section
68.06 Florida Statutes (1983)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 10 U.C.C. Rep. Serv. (West) 408
...402,
7 So.2d 465 (en banc); Rogers v. Visioneering Concrete Construction Company, Fla.App. 1963,
155 So.2d 163; VIII Wigmore, Evidence (McNaughton Rev., 1961) § 2199, p. 115. Appellant next argues that it sued as an assignee for value of a holder in due course, citing §
68.06, Fla....
...PE, and as of March 31, 1969 $242,410.94 was owed by COPLAN PIPE to the Bankrupt, DADE PLUMBING, INC." * * * * * * NOTES [1] Young v. Metropolitan Dade County, Fla. App. 1967,
201 So.2d 594, 596; Goldberg v. Russo, Fla.App. 1970,
233 So.2d 134. [2] "
68.06 Actions upon negotiable and other instruments; consideration, etc....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...[9] 38 Am.Jur.2d Guaranty § 59; 37 Am.Jur.2d Fraud and Deceit § 147. Stern's Law of Suretyship (5th ed.) § 7.16; 28 Fla.Jur.2d Guaranty § 47; Lambert v. Heaton,
134 So.2d 536 (Fla. 1st DCA 1961); 21 Fla.Jur.2d Fraud §§ 39, 43. [10] Appellant does, however, quote the following from 7 Moore's Federal Practice §
68.06, which supports our decision: The above sentences in amended Rule 68 assure a party the right to make a second offer where the situation permits as, for example, where a prior offer was not accepted but the plaintiff's judgment is nullifi...
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4221, 2000 WL 367744
...We find that Palm Point is inapplicable to the facts of the instant case. The Declaration specifically gave Trout Creek the right to enforce the covenants and deed restrictions. Trout Creek has validly assigned this right to a third party, that is, the homeowners’ association. See § 68.06, Fla....
