Florida District Courts of Appeal, 2010

AAA Title Agency, Inc. v. Fuller

AAA Title Agency, Inc. v. Fuller
Florida District Courts of Appeal · Decided October 29, 2010 · Evander, Lawson, Orfinger
46 So. 3d 1115; 2010 Fla. App. LEXIS 16556; 2010 WL 4257600 (Southern Reporter, Third Series)

AAA Title Agency, Inc. v. Fuller

Opinion of the Court

PER CURIAM.

AFFIRMED.

*1116LAWSON and EVANDER, JJ., concur. ORFINGER, J., concurs and concurs specially, with opinion.

Concurring Opinion

ORFINGER, J.,

concurs specially.

Affirmance is appropriate here because if, as Appellants’ claim, error exists, it was invited error. To the extent that 50 State Security Service, Inc. v. Murray, 973 So.2d 533, 535 n. 3 (Fla. 3d DCA 2007), suggests a contrary result, that footnoted comment constitutes dicta and was not an essential holding of the case. Only language that is “clearly critical to the outcome” of the case may be considered a holding of the case. See BellSouth Tele-comm., Inc. v. Church & Tower of Fla., Inc., 930 So.2d 668, 673 (Fla. 3d DCA 2006). When a statement does not directly control the outcome, it is dicta and without the force of precedent. State ex rel. Biscayne Kennel Club v. Bd. of Bus. Regulation of Dep’t of Bus. Regulation, 276 So.2d 823, 826 (Fla. 1973). As a consequence, I see no conflict with Murray.

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