Marlin v. Rosen

CourtUnited States State Supreme Court of Florida
Citation494 So.2d 1151
PartiesMarlin (Kenneth) v. Rosen (Murray) NO. 68,794
Decision Date20 August 1986

Page 1151

494 So.2d 1151
Marlin (Kenneth)
v.
Rosen (Murray)
NO. 68,794
Supreme Court of Florida.
AUG 20, 1986

Appeal From: 3d DCA

486 So.2d 623

Rev. den.

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31 practice notes
  • Ginsberg v. Lennar Florida Holdings, Inc., No. 94-363
    • United States
    • Court of Appeal of Florida (US)
    • October 5, 1994
    ...damages under Florida's RICO law), review denied, 518 So.2d 1275 (Fla.1987); Rosen v. Marlin, 486 So.2d 623 (Fla. 3d DCA) review denied 494 So.2d 1151 (Fla.1986) (where damages sought in tort are same as damages sought in contract tort damages are not recoverable); Rolls v. Bliss, 408 So.2d......
  • Messer v. E.F. Hutton & Co., No. 86-3602
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • December 7, 1987
    ...breach of contract, notwithstanding the oppressive nature of the breach." Rosen v. Marlin, 486 So.2d 623, 626 (Fla.App.), review denied, 494 So.2d 1151 (Fla.1986). Accordingly we affirm the district court on this point as G. ATTORNEY'S FEES AND PREJUDGMENT INTEREST In his final two contenti......
  • Pharma Funding, LLC v. FLTX Holdings, LLC, Case No. 20-21103-Civ-WILLIAMS/TORRES
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • March 8, 2021
    ...Toyota, Inc. v. Thorpe, 824 F.2d 897, 902 (11th Cir. 1987) (citing Rosen v. Marlin, 486 So. 2d 623, 624 (Fla. 3d DCA), rev. denied, 494 So. 2d 1151 (Fla. 1986)). However, "[w]here the contract between the parties is entirely irrelevant to the facts surrounding the alleged conversion, or whe......
  • Burton v. Linotype Co., No. 88-2352
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1989
    ...breach of contract, and therefore their tort claims cannot be maintained. Rosen v. Marlin, 486 So.2d 623 (Fla. 3d DCA), review denied, 494 So.2d 1151 (Fla.1986); Rolls v. Bliss & Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA 1981). Linotype anticipates that MLG and Burton will be unable to prov......
  • Request a trial to view additional results
31 cases
  • Ginsberg v. Lennar Florida Holdings, Inc., No. 94-363
    • United States
    • Court of Appeal of Florida (US)
    • October 5, 1994
    ...damages under Florida's RICO law), review denied, 518 So.2d 1275 (Fla.1987); Rosen v. Marlin, 486 So.2d 623 (Fla. 3d DCA) review denied 494 So.2d 1151 (Fla.1986) (where damages sought in tort are same as damages sought in contract tort damages are not recoverable); Rolls v. Bliss, 408 So.2d......
  • Messer v. E.F. Hutton & Co., No. 86-3602
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • December 7, 1987
    ...breach of contract, notwithstanding the oppressive nature of the breach." Rosen v. Marlin, 486 So.2d 623, 626 (Fla.App.), review denied, 494 So.2d 1151 (Fla.1986). Accordingly we affirm the district court on this point as G. ATTORNEY'S FEES AND PREJUDGMENT INTEREST In his final two contenti......
  • Pharma Funding, LLC v. FLTX Holdings, LLC, Case No. 20-21103-Civ-WILLIAMS/TORRES
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • March 8, 2021
    ...Toyota, Inc. v. Thorpe, 824 F.2d 897, 902 (11th Cir. 1987) (citing Rosen v. Marlin, 486 So. 2d 623, 624 (Fla. 3d DCA), rev. denied, 494 So. 2d 1151 (Fla. 1986)). However, "[w]here the contract between the parties is entirely irrelevant to the facts surrounding the alleged conversion, or whe......
  • Burton v. Linotype Co., No. 88-2352
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1989
    ...breach of contract, and therefore their tort claims cannot be maintained. Rosen v. Marlin, 486 So.2d 623 (Fla. 3d DCA), review denied, 494 So.2d 1151 (Fla.1986); Rolls v. Bliss & Nyitray, Inc., 408 So.2d 229 (Fla. 3d DCA 1981). Linotype anticipates that MLG and Burton will be unable to prov......
  • Request a trial to view additional results

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