Legal Opinion · Dissent

Cohen v. Trask

District Court of Appeal of Florida

Decided May 28, 1985No. 84-2058Published

1DissentJorgenson, Judge

I respectfully dissent. The court’s generous view of the complaint amounts to appellate largesse rarely seen in our cases. While appellate courts frequently and properly affirm trial court rulings if they are correct for any reason which appears in the record, appellate courts rarely reverse trial court rulings on issues not framed in the appeal (appellant’s own brief states: “The only issue raised here is which Statute of Limitations applies to this case.”), see, e.g., Truxell v. Truxell, 259 So.2d 766 (Fla. 1st DCA 1972); Florida Citrus Commission v. Owens, 239 So.2d 840 (Fla. 4th DCA 1970)…

2Cases cited5 opinions

  1. Pledger v. Burnup & Sims, Inc.District Court of Appeal of Florida · 1983
  2. Estate of Conger v. CongerDistrict Court of Appeal of Florida · 1982
  3. Florida Citrus Commission v. OwensDistrict Court of Appeal of Florida · 1970
  4. Integrated Container Services, Inc. v. OverstreetDistrict Court of Appeal of Florida · 1979
  5. Truxell v. TruxellDistrict Court of Appeal of Florida · 1972

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