T.D. Holding Corp. v. Weinkle

District Court of Appeal of Florida

T.D. Holding Corp. v. Weinkle

567 So. 2d 1074, 1990 Fla. App. LEXIS 7943, 1990 WL 155026

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1990

DocketNo. 90-1005

StatusPublished

This text of 567 So. 2d 1074 (T.D. Holding Corp. v. Weinkle) 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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T.D. Holding Corp. v. Weinkle, 567 So. 2d 1074, 1990 Fla. App. LEXIS 7943, 1990 WL 155026 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The trial court vacated a summary judgment entered against the appellee Kessler on grounds that it was following our mandate in Weinkle v. Hotel & Restaurant Employees & Bartenders Int’l Union, 545 So.2d 386 (Fla. 3d DCA 1989). Kessler, however, was not a beneficiary of our mandate, which reversed the judgment against Weinkle, because his appeal was dismissed for failure to comply with court rules. Kessler’s failure to perfect an appeal left standing the summary judgment against him. See McArthur Dairy, Inc. v. Original Kielbs, Inc., 481 So.2d 535 (Fla. 3d DCA 1986) (erroneous award of punitive damages against employee will not be disturbed on appeal where only employer appealed).

The order vacating the summary judgment against Kessler is reversed.

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PER CURIAM.

The trial court vacated a summary judgment entered against the appellee Kessler on grounds that it was following our mandate in Weinkle v. Hotel & Restaurant Employees & Bartenders Int’l Union, 545 So.2d 386 (Fla. 3d DCA 1989). Kessler, however, was not a beneficiary of our mandate, which reversed the judgment against Weinkle, because his appeal was dismissed for failure to comply with court rules. Kessler’s failure to perfect an appeal left standing the summary judgment against him. See McArthur Dairy, Inc. v. Original Kielbs, Inc., 481 So.2d 535 (Fla. 3d DCA 1986) (erroneous award of punitive damages against employee will not be disturbed on appeal where only employer appealed).

The order vacating the summary judgment against Kessler is reversed.

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Bluebook (online)

567 So. 2d 1074, 1990 Fla. App. LEXIS 7943, 1990 WL 155026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/td-holding-corp-v-weinkle-fladistctapp-1990.

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