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Cowart v. Strickland

District Court of Appeal of Florida, Fifth District
Sep 20, 2005
912 So. 2d 1243 (Fla. Dist. Ct. App. 2005)
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Summary

In Cowart v. Strickland, 149 Ga. 397, 400 (100 S.E. 447, 7 ALR 1110) an ejectment case, this court held: "In the practical administration of the law, an issue once adjudicated without error may remain closed, where the judgment is divisible, while at the same time the trial court has it within his power to grant a new trial upon a separate, distinct, and independent issue involved in the same case."

Summary of this case from Burney v. Burney
See 3 Summaries

Opinion

Case No. 5D04-1736.

Decision filed September 20, 2005.

Appeal from the Circuit Court for Flagler County, Kim C. Hammond, Judge.

Rodney W. Smith and Denise R. Ferrero, of Avera Avera, LLP, Gainesville, for Appellant.

J. Lester Kaney, Scott Cichon and Elan R. Holtzclaw of Cobb Cole, Daytona Beach, for Appellees.

PER CURIAM.

AFFIRMED.

SAWAYA and TORPY, JJ. and ROCHE, R.A., Associate Judge, concur.

NOT FINAL UNTIL THE TIME EXPIRES TO FILE REHEARING MOTION, AND, IF FILED, DISPOSED OF.

Summaries of

Cowart v. Strickland

District Court of Appeal of Florida, Fifth District
Sep 20, 2005
912 So. 2d 1243 (Fla. Dist. Ct. App. 2005)

In Cowart v. Strickland, 149 Ga. 397, 400 (100 S.E. 447, 7 ALR 1110) an ejectment case, this court held: "In the practical administration of the law, an issue once adjudicated without error may remain closed, where the judgment is divisible, while at the same time the trial court has it within his power to grant a new trial upon a separate, distinct, and independent issue involved in the same case."

Summary of this case from Burney v. Burney

In Cowart v. Strickland, 149 Ga. 397 (100 S.E. 447, 7 A.L.R. 1110), it was said: "Where in an ejectment case the plaintiff recovers a verdict for the premises with mesne profits, the trial judge may grant a new trial on the issue of mesne profits alone for errors of law, or if he disapproves the verdict on that issue, and, the judgment being divisible, refuse a new trial on the issue of title, if that issue was adjudicated without error of law and if the trial judge approves the verdict.

Summary of this case from Boone v. Boone

In Cowart v. Strickland, 149 Ga. 397 (100 S.E. 447, 7 A.L.R. 1110), it is said: "Where in an ejectment case the plaintiff recovers a verdict for the premises with mesne profits, the trial judge may grant a new trial on the issue of mesne profits alone for errors of law, or if he disapproves the verdict on that issue, and, the judgment being divisible, refuse a new trial on the issue of title, if that issue was adjudicated without error of law and if the trial judge approves the verdict."

Summary of this case from Scottish Union Ins. Co. v. Peoples Credit Co.
Case details for

Cowart v. Strickland

Case Details

Full title:CHARLES H. COWART, THE WARD, Appellant, v. IMOGENE F. STRICKLAND, HENRY P…

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 20, 2005

Citations

912 So. 2d 1243 (Fla. Dist. Ct. App. 2005)

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