Pinsker v. Filmore Investors Corp.

Decision Date12 January 1971
Docket NumberNo. 70--123,70--123
PartiesEthel E. PINSKER, Appellant, v. FILMORE INVESTORS CORP., a Florida corporation and Somerset Land, Inc., a Florida corporation, Appellees.
CourtFlorida District Court of Appeals

Shutts & Bowen and Thomas H. Anderson, Miami, for appellant.

Simon, Hays & Grundwerg, and Jack D. Burris, Miami, for appellees.

Before BARKDULL, HENDRY and SWANN, JJ.

PER CURIAM.

Ethel E. Pinsker, plaintiff, appeals from a final judgment rendered for the defendants in a declaratory decree action.

Plaintiff agrees that the finding of facts contained in the final decree are not in dispute except as to the accounting.

We have reviewed the conclusions and adjudications in the final judgment which were based on those findings of fact and hold that no reversible error has been demonstrated in the final decree, including the accounting.

No error was made in the denial of plaintiff's motion to amend the complaint by adding additional defendants and to have the available assets of all the defendants marshalled. This motion was made after plaintiff had presented her case and rested. No abuse of discretion by the trial judge has been shown in this appeal. Wooten v. Wooten, Fla.App.1968, 213 So.2d 292; Triax, Inc. v. City of Treasure Island, Fla.App.1968, 208 So.2d 669; and Houston Texas Gas & Oil Corporation v. Hoeffner, Fla.App.1961, 132 So.2d 38.

The final decree is

Affirmed.

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2 cases
  • Casas v. Rosell
    • United States
    • Florida District Court of Appeals
    • May 9, 1978
    ...and the fact that the motion appears as an afterthought or reassessment of the case, we cannot find error. See Pinsker v. Filmore Investors Corp., 243 So.2d 165 (Fla.3d DCA 1971); Cohen v. Landow, 242 So.2d 801 (Fla.3d DCA 1971); and Houston Texas Gas & Oil Corporation v. Hoeffner, Accordin......
  • Trexler v. Fiat Motor Co.
    • United States
    • Florida District Court of Appeals
    • July 15, 1981
    ...fees and costs from the nonprevailing party.3 See Casas v. Rosell, 359 So.2d 491 (Fla. 3d DCA 1978); Pinsker v. Filmore Investors Corp., 243 So.2d 165 (Fla. 3d DCA 1971).4 Rule 2-19.05 states in pertinent part:It shall be an unfair or deceptive act or practice for a motor vehicle dealer to:......

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