Legal Opinion

Cape Cave Corp. v. Charlotte Asphalt, Inc.

District Court of Appeal of Florida

Decided June 4, 1980No. 79-2071PublishedCited by 2 opinions

1Opinion of the Court

CAMPBELL, Judge.

Cape Cave Corporation, defendant in an action by Charlotte Asphalt to foreclose on a mechanic’s lien, appeals the trial court’s entry of a final default judgment for failure of its president, a Mr. Jankowitz, to comply with orders directing him to produce documents in support of Cape Cave’s defense of payment. We reverse in part.

The facts as alleged in appellee’s complaint are that Cape Cave entered into a contract with Lateo Utilities for the construction of improvements on numerous lots being developed by Cape Cave in Charlotte County. Lateo then contracted with appel-lee…

2Cases cited4 opinions

  1. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
  2. Travelers Ins. Co. v. RodriguezDistrict Court of Appeal of Florida · 1978
  3. Zayres Dept. Stores v. FingerhutDistrict Court of Appeal of Florida · 1980
  4. Masons Concrete of Crystal River, Inc. v. Corbin Well Pump & Supply, Inc.District Court of Appeal of Florida · 1978

3Cited by2 opinions

  1. Daigle v. City of PortsmouthSupreme Court of New Hampshire · 1988
  2. Charlotte Asphalt, Inc. v. Cape Cave Corp.District Court of Appeal of Florida · 1981

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