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Morrison v. Thoelke

District Court of Appeal of Florida
155 So.2d 889 (1963)



The defendants executed a contract to buy land from the plaintiffs and mailed the contract to the plaintiffs. In turn, the plaintiffs executed the contract and mailed it back to the defendants. However, before the defendants received the executed contract, the plaintiffs called the defendants and repudiated their execution of the contract. Nonetheless, the defendants recorded the contract when they received it. The plaintiffs brought suit to quiet title and the defendants counter-claimed, seeking specific performance of the contract. The trial court ruled in favor of the plaintiffs on the basis of a finding that due to the plaintiffs’ repudiation, a contract had not been formed. The defendants appealed.

Rule of Law


Holding and Reasoning (Allen, C.J.)

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Questions & Answers

How is it that the Morrisons are listed first?

If the Thoelke's brought suit against the Morrisons for failure to perform on their contract, and then they lost after the trial court found that the Morrison's repudiation was valid, then the Thoelke's should be the appellant in this appeals case.
Why, then, are they listed after Morrison in the title? I was taught that the appellant is always listed first and the appellee second.
When I read this it looks like the Morrisons are appealing, though they won in the trial court. Am I incorrect? What is the rule?

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