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Clugston v. Curry

District Court of Appeal of Florida, Fourth District
Sep 1, 1982
418 So. 2d 476 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1722.

September 1, 1982.

Appeal from Circuit Court, Broward County; Frank A. Orlando, Judge.

Madison H. Cockman and Gilbert J. Murry, Fort Lauderdale, for appellant.

Larry Klein, West Palm Beach, for appellee.


Upon review of the record this court is of the view that the trial court erred in not finding that the claims of the appellee were barred by the doctrine of laches. In this case the appellee simply failed to present evidence of any intervening equities or excuses that would justify her inordinate delay in asserting her claims. Absent such evidence her claims are barred. Wadlington v. Edwards, 92 So.2d 629 (Fla. 1957).

Accordingly, the judgment of the trial court is reversed and remanded with instructions to enter judgment for the appellant.

DOWNEY, ANSTEAD and BERANEK, JJ., concur.


Summaries of

Clugston v. Curry

District Court of Appeal of Florida, Fourth District
Sep 1, 1982
418 So. 2d 476 (Fla. Dist. Ct. App. 1982)
Case details for

Clugston v. Curry

Case Details

Full title:FRANK CLUGSTON, APPELLANT, v. MARTHA M. CURRY, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 1, 1982

Citations

418 So. 2d 476 (Fla. Dist. Ct. App. 1982)