Legal Opinion · Dissent
Donald N. Denson v. J.E. Stack, Jr.
Court of Appeals for the Eleventh Circuit
Decided August 13, 1993No. 91-3405, 91-3922Published
1DissentClark, Senior Circuit Judge
Respectfully, I dissent. The majority totally ignores the district court’s factual findings, which are amply supported by the record. Purporting to make its own findings, which are not supported by the record, the majority reaches the erroneous conclusion that Denson, who totally and completely failed to prove his case at trial, should prevail in this action.
Under the contract, Stack was obligated to remove a “defect” in his title only if that “defect” rendered the title “unmarketable.”1 Thus, the issue for the district court was whether the alleged “defect,” that is, the State of Florida’s…
2Cases cited5 opinions
- In the Matter of Barbara Garfinkle, Bankrupt. Arthur Dooley, Trustee, and Penthouse International, Ltd. v. Kenneth J. Weil, Trustee in BankruptcyCourt of Appeals for the Eleventh Circuit · 1982
- Odom v. Deltona Corp.Supreme Court of Florida · 1977
- Board of Trustees v. FLORIDA PUCDistrict Court of Appeal of Florida · 1992
- Goodman v. City of Crystal RiverDistrict Court, M.D. Florida · 1987
- St, Dept. of Natural Res. v. BronsonsDistrict Court of Appeal of Florida · 1985