Balfe v. Gulf Oil Company--Latin America, COMPANY-LATIN
| Decision Date | 12 June 1973 |
| Docket Number | COMPANY-LATIN,No. 72--411,72--411 |
| Citation | 279 So.2d 94 |
| Parties | Alex BALFE, Appellant, v. GULF OILAMERICA, Appellee. |
| Court | Florida District Court of Appeals |
Edward C. Vining, Jr., and R. M. MacArthur, Miami, for appellant.
Nicholson, Howard, Brawner & Lovett and Robert A. Freyer, Miami, for appellee.
Before CHARLES CARROLL, HENDRY and HAVERFIELD, JJ.
Defendant-appellant seeks review of an adverse final summary judgment entered in favor of plaintiff-appellee.
Appellee, Gulf Oil Company-Latin American (GOCLA), contracted with Dade Drydock Corporation for the construction of a tanker. As the vessel neared completion, Dade Drydock became financially distressed. Defendant-appellant, Alex Balfe, as president of Dade Drydock Corporation, entered into a written agreement dated November 6, 1970 whereby appellee agreed to loan up to a maximum of $300,000 to or on behalf of Dade Drydock for the completion of the tanker. The agreement further provided that the loan was to be evidenced by a promissory note. In addition, appellant, pursuant to the November 6 agreement, individually and unconditionally signed a written guarantee to pay appellee GOCLA all sums with respect to Dade Drydock's promissory note. Thereafter, appellee made up to $300,000 in payments to various people in behalf of Dade Drydock, which on December 4, 1970 executed a demand promissory note in favor of GOCLA in the same amount. Despite written demands by appellee on Dade Drydock and appellant, no payments were received. Subsequently, plaintiff GOCLA filed suit on the guaranty made by defendant Balfe. Plaintiff-appellee moved for summary judgment and defendant moved to strike the motion and notice thereon. Judge Cullen granted defendant's motion to strike notice to satisfy the requirement of RCP 1.510, 31 F.S.A., and then re-set at a later date a hearing on the motion for summary judgment. Thereafter, Judge Cullen became incapacitated and the motion was heard before Judge Wehle, a visiting judge, who entered the summary final judgment. Appellant then filed a petition for rehearing, which over his objection was set down for hearing before Judge Balaban who denied the petition.
On appeal, one of appellant's contentions is that Judge Balaban was not empowered over appellant's objections to hear and deny appellant's petition for rehearing. We find merit in this argument.
It is well established in Florida that a successor judge cannot review, modify or reverse, upon...
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Pratt v. Gerber, 75--831
...Board of County Commissioners, Fla.1971, 245 So.2d 76; Barnard v. Overstreet, Fla.App.1972, 259 So.2d 517; Balfe v. Gulf Oil Company-Latin America, Fla.App.1973, 279 So.2d 94; City of Miami Beach v. Chadderton, Fla.App.1975, 306 So.2d 558; Better Construction, Inc. v. Camacho Enterprises, I......
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...Iron Works, 86 Fla. 608, 98 So. 825 (1924). See Agudo v. Agudo, 411 So.2d 249 (Fla. 3d DCA 1982). Compare Balfe v. Gulf Oil Company-Latin America, 279 So.2d 94 (Fla. 3d DCA 1973).2 While Collier's action is in contract as well as tort, the County's immunity is equally applicable to the cont......
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...upon the merits on the same facts, the final orders of his predecessor in the absence of fraud or mistake."6 Balfe v. Gulf Oil Co.-Latin Am., 279 So. 2d 94, 95 (Fla. 3d DCA 1973). The rule precludes a successor judge from reviewing, modifying or reversing a final order or judgment in a caus......
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...Beach v. Chadderton, 306 So.2d 558 (Fla. 3d DCA), cause dismissed sua sponte, 312 So.2d 757 (Fla.1975); and Balfe v. Gulf Oil Company Latin America, 279 So.2d 94 (Fla. 3d DCA 1973). ...