Legal Opinion
Lustig v. Garcia
District Court of Appeal of Florida
Decided July 5, 2001No. 4D00-1479PublishedCited by 5 opinions
1Opinion of the CourtStone, J.
The final judgment is reversed.
Lustig brought suit against Garcia for imposition of an equitable lien and sought restitution for unjust enrichment. In the course of the non-jury trial, the court erred by involuntarily dismissing the case before the plaintiff (Lustig) had rested. The court also erred in basing the dismissal on a credibility assessment.
Lustig testified during his case-in-chief. During cross-examination, the defense established that Lustig earns his living gambling and that he pays no federal income or social security taxes on that income. After some additional impeachment, the…
2Cases cited7 opinions
- Sapp v. ReddingDistrict Court of Appeal of Florida · 1965
- Sea Tower Apart., Inc. v. Century Nat. Bk.District Court of Appeal of Florida · 1981
- SJS ENTERPRISES INC. v. CatesDistrict Court of Appeal of Florida · 1989
- Palm Beach Mall, Inc. v. WalkerDistrict Court of Appeal of Florida · 1991
- Akdoruk v. Advanced Jet Systems, Inc.District Court of Appeal of Florida · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Lee A. Fischer v. Candice K. FischerDistrict Court of Appeal of Florida · 2016
- Wachovia Mortgage v. Jose Montes, etc., Catalina Solano, etc., Courtyard Homes At The Grove Homeowners Association, Inc., The Ridges Maintenance Association, Inc.District Court of Appeal of Florida · 2015