VAC Development Corp. v. Abelleira’s Empirical Analysis
1976
Citation profile
2 state decisions
How this case has been cited
Cited by 3 later decisions — most recently March 1999
2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 98 So. 2d 334 - Cortina v. Cortina · State ex rel. Maule Industries, Inc. v. Holt · The Guaranty Co. v. Luning · 240 So. 2d 655 - Rine v. Rine
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The error in this case consists of a failure to limit the evidence to matters concerning the mortgage which was in issue. See Cortina v. Cortina, Fla. 1957, 98 So.2d 334 ; Cravero v. Florida State Turnpike Authority, Fla. 1956, 91 So.2d 312 ; and Rine v. Rine, Fia.App. 1970, 240 So.2d 655 . It is clear from the judgment entered that it does not attempt to settle all the equities between the parties but it is unclear whether the $112,411.80 found to be due Castillo from the corporation is only for the indebtedness due on the mortgage. A judgment of foreclosure that is ‘vague and indefinite in its terms’ may require a reversal by the appellate court. See Guaranty Co. v. Luning, 95 Fla. 103 , 116 So. 9 (1928). If that amount is due upon the mortgage indebtedness, then the lien of the mortgage covers the property encumbered by the mortgage and not the general assets of the corporation. If that amount is due to Castillo for debts outside of the indebtedness for which the mortgage was executed, then a general accounting for all debts between the parties must be had. A third possibility exists, that is, that the court may find, as it apparently did, that Castillo is equitably estopped to foreclose the mortgage. If that is true, then the lien of the mortgage is discharged and the indebtedness would be subject to judgment and execution unless there are countermanding equities. “Accordingly, the judgment appealed is reversed and the cause remanded for the determination of the issues s”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.