Legal Opinion

Miller v. First American Bank & Trust

District Court of Appeal of Florida

Decided November 2, 1992No. 91-1614PublishedCited by 8 opinions

1Opinion of the Court

SCHWARTZ, ALAN R., Associate Judge.

The appellees sued to foreclose a large mortgage. Because the debt had not been paid and D’Oench1 controlled, there was essentially no defense and the case was resolved — without trial or even depositions — by a summary judgment entered on the pleadings, affidavits and written discovery. The appeal, in which oral argument was not requested, ended in a PCA. Miller v. First Am. Bank & Trust, 587 So.2d 1338 (Fla. 4th DCA 1991) (table). Despite the limited nature of the services thus required, the appellees claimed and the trial court granted2 almost a quarter…

2Cases cited20 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  3. Jacobellis v. OhioSupreme Court of the United States · 1964
  4. Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
  5. Baruch v. GiblenSupreme Court of Florida · 1935

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3Cited by8 opinions

  1. Oklahoma Turnpike Authority v. New Life Pentecostal Church of JenksSupreme Court of Oklahoma · 1994
  2. North Dade Church of God, Inc. v. JM Statewide, Inc.District Court of Appeal of Florida · 2003
  3. Miller v. First American Bank and TrustDistrict Court of Appeal of Florida · 1992
  4. Donald S. Zuckerman, Pa v. Alex Hofrichter, PaDistrict Court of Appeal of Florida · 1996
  5. SOUTHPOINTE HOMEOWNERS ASSOCIATION INC. v. SegarraDistrict Court of Appeal of Florida · 2000

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