Legal Opinion · Dissent

Brown v. Davis

District Court of Appeal of Florida

Decided September 2, 1986No. BF-112Published

1DissentZehmer, Judge

I respectfully dissent to affirmance of the order requiring an equitable exchange of tracts 16 and 17. The majority opinion has fashioned remedies in equity which require appellant Brown to involuntarily give up real estate owned by her in exchange for another tract she does not want and require her to accept payment of certain money damages and other considerations *526to make up for some of the incontrovertible intrinsic differences between the two tracts.

The only Florida decision cited by the parties for the notion that the court can require an equitable exchange of lots is Voss v. Forgue, 84…

2Cases cited4 opinions

  1. Hedges v. LysekSupreme Court of Florida · 1955
  2. Voss v. ForgueSupreme Court of Florida · 1956
  3. Brown v. JohnsDistrict Court of Appeal of Florida · 1975
  4. Jim Walter Homes, Inc. v. JohnsDistrict Court of Appeal of Florida · 1978

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