Rinker Materials Corp. v. Town of Lake Park

District Court of Appeal of Florida

Rinker Materials Corp. v. Town of Lake Park

518 So. 2d 446, 13 Fla. L. Weekly 193, 1988 Fla. App. LEXIS 98, 1988 WL 1061

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 1988

DocketNo. 87-1100

StatusPublished

This text of 518 So. 2d 446 (Rinker Materials Corp. v. Town of Lake Park) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rinker Materials Corp. v. Town of Lake Park, 518 So. 2d 446, 13 Fla. L. Weekly 193, 1988 Fla. App. LEXIS 98, 1988 WL 1061 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We affirm the summary final judgment except as to appellant’s claim for rescission of a right-of-way deed. We believe that claim was not litigated in the prior bond validation proceedings challenged by appel[447]*447lant and, hence, was not foreclosed by the termination of that litigation against appellant. Cf. McCoy Restaurants, Inc. v. City of Orlando, 392 So.2d 252 (Fla.1980). Our ruling is limited to the issue of whether the rescission claim is barred by the prior proceedings.

Accordingly, we affirm in part and reverse in part and remand for further proceedings consistent herewith.

ANSTEAD and LETTS, JJ., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.

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PER CURIAM.

We affirm the summary final judgment except as to appellant’s claim for rescission of a right-of-way deed. We believe that claim was not litigated in the prior bond validation proceedings challenged by appel[447]*447lant and, hence, was not foreclosed by the termination of that litigation against appellant. Cf. McCoy Restaurants, Inc. v. City of Orlando, 392 So.2d 252 (Fla.1980). Our ruling is limited to the issue of whether the rescission claim is barred by the prior proceedings.

Accordingly, we affirm in part and reverse in part and remand for further proceedings consistent herewith.

ANSTEAD and LETTS, JJ., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.

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518 So. 2d 446, 13 Fla. L. Weekly 193, 1988 Fla. App. LEXIS 98, 1988 WL 1061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rinker-materials-corp-v-town-of-lake-park-fladistctapp-1988.

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