AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LORENZO LORENZO AND ROSARY LORENZO, HIS WIFE, APPELLANTS, v. ASSOCIATED TRADE INVESTMENTS, INC., MATT BIRSON, FONTANILLS ENTERPRISES, INC., AND PHILLIP FONTANILLS, APPELLEES.

PER CURIAM.

Because the plaintiff homeowners [Lorenzo and Rosary Lorenzo] (a) agreed to both a bifurcation of the legal and equitable claims in this action as well as a non-jury trial of the equitable claims first, and (b) interjected legal issues, over objection, by way of defense in the trial of the equitable claims brought by the defendant/counterclaimant contractors [Associated Trade Investments, Inc., Matt Birson, Fontanills Enterprises, Inc., and Phillip Fontanills] in that the plaintiffs offered evidence at trial raising such defenses, we conclude that the plaintiffs tried the legal issues by consent in the non-jury equitable action. Accordingly, the trial court did not commit error, as urged, in resolving the legal issues raised by the plaintiffs at the non-jury trial of the equitable claims, in entering judgment for the defendants on their equitable claim, and in later entering a summary judgment for the defendants on the plaintiffs' legal claims based on the collateral estoppel effect of the trial court's factual findings in the non-jury trial on the equitable claims. Moreover, we find no stipulation in the record that there was to be no collateral estoppel effect to the trial court's factual findings on the equitable claims at the non-jury trial. R.D.J. Enters., Inc. v. Mega Bank, 600 So.2d 1229 (Fla. 3d DCA), rev. denied, 609 So.2d 40 (Fla. 1992).

Affirmed.

Use AI to get other relevant cases.

Comments

LORENZO v. ASSOC. TRADE INVESTMENTS
(Nov 23, 1993)