[DOWNLOAD] "Warner Cable Communications v. City Niceville" by First District Court of Appeal of Florida # Book PDF Kindle ePub Free

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eBook details

• Title: Warner Cable Communications v. City Niceville
• Author : First District Court of Appeal of Florida
• Release Date : January 30, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Appellant, Warner Cable Communications, Inc. (Warner), appeals an order of summary judgment, an order of dismissal, and an order denying its motion to vacate a stay of discovery, which combined to effect a total dismissal with prejudice of Warner's complaint. Warner claims the trial court erred in concluding that Counts I, IV, V, VI, IX, and XV of its complaint were barred by the doctrine of res judicata; in dismissing Count XV for failure to state a cause of action; and in refusing to vacate a prior stay of discovery to permit Warner to go forward with Count XVI, which Warner alleged survived the orders of summary judgment and dismissal. We affirm in part and reverse in part. This case involves a series of final orders and appellate opinions: (1) a final order in a bond-validation proceeding that was affirmed by the Florida Supreme Court in Warner Cable Communications, Inc. v. City of Niceville, 520 So.2d 245 (Fla.), cert. denied, 488 U.S. 825, 109 S.Ct. 74, 102 L.Ed.2d 51 (1988) [hereafter referred to as Warner I]; (2) a final order in a subsequent case that was affirmed in part and reversed in part and remanded by this court in Byrd v. City of Niceville, 541 So.2d 696 (Fla. 1st DCA), review denied, 548 So.2d 662 (Fla. 1989) [hereafter referred to as Byrd]; and (3) the final order after remand, which is the subject of the instant appeal. A chronology of these proceedings follows.

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