Florida District Courts of Appeal, 1982

Robinson v. Wright

Florida District Courts of Appeal · Decided December 28, 1982 · Schwartz, Baskin and Ferguson

425 So. 2d 589 (Southern Reporter, Second Series)

Cases that cite this one

10 later published cases cite this decision.

Steel Supplements, Inc. v. Blitz NV, LLC (United States District Court for the Middle District of Florida 2023)
Ayers v. Thompson (Fla. Dist. Ct. App. 1988)
RICHARD DEROUIN & KIM DEROUIN v. UNIVERSAL AMERICAN MORTGAGE COMPANY, LLC (Fla. Dist. Ct. App. 2018)
Sean Barber v. America's Wholesale Lender (11th Cir. 2013)
Cauff v. Jacom Computer Services, Inc. (In re Jacom Computer Services, Inc.) (District Court, S.D. New York 2006)
Braxton v. Holmes County Election Canvassing Board (Fla. Dist. Ct. App. 2004)
Parker Beach Restoration, Inc. v. United States (United States Court of Federal Claims 2003)
American Annuity Group, Inc. v. Guaranty Reassurance, Corp. (District Court, S.D. Ohio 2001)
Department of Transp. v. RONLEE, INC (Fla. Dist. Ct. App. 1987)
Hines v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

425 So.2d 589 (1982)

James T. ROBINSON and Monte W. Green, Appellants,
v.
Peter Frederick WRIGHT, As Underwriter at Lloyds of London, and All Other Underwriters at Lloyds of London, Neill Lindsay Insurance Agency, Appellees.

No. 81-2576.

District Court of Appeal of Florida, Third District.

December 28, 1982.Rehearing Denied February 7, 1983.

Hall & O'Brien, and Richard O'Brien, for appellants.

Smathers & Thompson and Earl D. Waldin, Jr., Gaine & Gaine, Miami, for appellees.

Before SCHWARTZ, BASKIN and FERGUSON, JJ.

FERGUSON, Judge.

A written contract will not be reformed on the basis of a unilateral mistake absent clear and convincing proof of fraud or inequitable conduct by the other side. Camichos v. Diana Stores Corp., 157 Fla. 349, 25 So.2d 864 (1946); Hopkins v. Mills, 116 Fla. 550, 156 So. 532 (1934). Where no evidence was presented in a non-jury trial to establish a prima facie case, it was proper to grant defendant's motion, made at the conclusion of the plaintiff's case, for involuntary dismissal pursuant to Florida Rules of Civil Procedure 1.420(b). Tillman v. Baskin, 260 So.2d 509 (Fla. 1972).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

Cases that cite this one

Opinion

James T. ROBINSON and Monte W. Green, Appellants,v.Peter Frederick WRIGHT, As Underwriter at Lloyds of London, and All Other Underwriters at Lloyds of London, Neill Lindsay Insurance Agency, Appellees.

Before SCHWARTZ, BASKIN and FERGUSON, JJ.

FERGUSON, Judge.

James T. ROBINSON and Monte W. Green, Appellants,
v.
Peter Frederick WRIGHT, As Underwriter at Lloyds of London, and All Other Underwriters at Lloyds of London, Neill Lindsay Insurance Agency, Appellees.