The record here discloses that Nio Suarez, on August 15, 1938, owned a building lot situated in Miami, Dade County, Florida, and entered into a contract with Alvy McDonald to construct a building thereon. The Coconut Grove Exchange Bank, on August 15, 1938, accepted a note and mortgage on said lot for the sum of $2,000.00, but the mortgage was not recorded among the public records of Dade County, Florida, until August 24, 1938. The mortgagors, Nio *Page 254 Suarez and wife, by an appropriate...
The disposition of this case depends entirely on the determination of questions of fact. The record discloses ample evidence to support the findings of the chancellor and, therefore, such findings will not be reversed. A study of the entire record discloses no reversible error. So the decree is affirmed. So ordered. Affirmed. BROWN, C. J., WHITFIELD, BUFORD and ADAMS, J. J., concur. *Page 23
Sophia Rose Wright died intestate in Hillsborough County in November, 1938, leaving a husband but no children or near relatives surviving her. David Albert Wright, her husband, qualified as administrator of her estate which consisted of approximately $30,000 on deposit in two Tampa banks. The appellees, all residents of Louisiana, filed a claim with the probate judge for one-half of the estate alleging that they were the children of Jessie Brow Bovert Brown, who they say was adopted by Sophia...
Plaintiffs, who are appellants herein, are a number of druggists and registered pharmacists, and owners and operators of drug stores who are doing business in this State. They filed their bill of complaint against the defendant. J.M. Lee, as Comptroller, in which they alleged they were engaged in the practice of compounding medicines from the prescriptions of doctors, and likewise that they dispensed other drugs and pharmaceuticals, not upon prescription, and not requiring professional skill...
This cause having heretofore been submitted to the Court upon the transcript of the record of the final decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said final decree; it is, therefore, considered, ordered and adjudged by the Court that the said final decree of the circuit court, be and...
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Appeal brings for review final decree of foreclosure and previous interlocutory orders in a suit to foreclose a State and county tax sale certificate. No new or novel questions are presented. No reversible error appearing in the record, the decree should be affirmed on authority of the opinion and judgment *Page 17 in Pershing Hotel Co., Inc., v. Stark, 123 Fla. 26 , 165 So. 897 ; Burns, et al., v. Campbell, 131 Fla. 630 , 180 So. 46 , and Inter-City Security Co., et al., v. Barbee, 106 Fla....
We have before us application for certiorari to review interlocutory orders in a Chancery cause under our Rule 34. The original suit was by Bill of Complaint to foreclose an alleged contractor's lien for the balance due for the construction of a building. Sub-contractors intervened and sought affirmative relief claiming to be entitled to liens as direct contractors with the owner alleging that the plaintiff contractor was the agent of the owner and acted for the owner and not as an independent...
We have before us application for certiorari to review interlocutory orders in a Chancery cause under our Rule 34. The original suit was by Bill of Complaint to foreclose an alleged contractor's lien for the balance due for the construction of a building. Sub-contractors intervened and sought affirmative relief claiming to be entitled to liens as direct contractors with the owner alleging that the plaintiff contractor was the agent of the owner and acted for the owner and not as an independent...
We have before us application for certiorari to review interlocutory orders in a Chancery cause under our Rule 34. The original suit was by Bill of Complaint to foreclose an alleged contractor's lien for the balance due for the construction of a building. Sub-contractors intervened and sought affirmative relief claiming to be entitled to liens as direct contractors with the owner alleging that the plaintiff contractor was the agent of the owner and acted for the owner and not as an independent...
We have before us application for certiorari to review interlocutory orders in a Chancery cause under our Rule 34. The original suit was by Bill of Complaint to foreclose an alleged contractor's lien for the balance due for the construction of a building. Sub-contractors intervened and sought affirmative relief claiming to be entitled to liens as direct contractors with the owner alleging that the plaintiff contractor was the agent of the owner and acted for the owner and not as an independent...
From an order denying a mandatory injunction entered by the Circuit Court of Leon County, Florida, commanding the Board of County Commissioners of Leon County, Florida, to abate and remove a certain ditch and water culvert situated at the intersection of Betton Hill and Centerville Roads, a short distance from the City of Tallahassee, so as to prevent surface water from flooding the land and damaging crops of the plaintiff, an appeal has been perfected to this Court. The ditch was cut and the...
Appeal brings for review decree establishing a resulting trust in favor of appellee in the title to certain described lands bought and paid for by appellee and the title to which had been taken in the name of appellant, who was the husband of appellee at the time of the purchase and when the deed was made. *Page 420 The decree is affirmed on authority of the opinion and judgment in the case of Foster v. Thornton, 131 Fla. 277 , 179 So. 882 , and authorities there cited. So ordered. Affirmed....
Carlos Williams was tried and convicted for murder in the first degree with recommendation to mercy. He was sentenced to life imprisonment but contends that he should be relieved of that judgment because the evidence does not sustain murder in the first degree. It is admitted that Carlos Williams killed Otis Copeland at the time and place and in the manner alleged in the indictment but he (Williams) contends that he was acting in self defense in that when he fired the fatal shot, the deceased...
The appellant Emerson J. Williams was informed against for the crime of manslaughter *Page 92 by the State Attorney of the Seventh Judicial Circuit in and for Volusia County, Florida. The information charged culpable negligence in the operation of an automobile which ran over and killed Edna Sullivan on the 7th day of April, 1940, in Volusia County. The defendant below upon arraignment entered a plea of not guilty, was placed upon trial and convicted and by the trial court sentenced to serve a...
On an application to this Court for a writ of habeas corpus it appears that on May 22, *Page 388 1933, the three petitioners and one other person were indicted for murder in the first degree, alleged to have been committed on May 13, 1933. A history of the legal proceedings under such indictment may be found in Chambers v. State, 111 Fla. 707 , 151 So. 499 ; 113 Fla. 787 , 152 So. 437 ; 117 Fla. 642 , 158 So. 153 ; 123 Fla. 734 , 167 So. 697 ; 136 Fla. 568 , 187 So. 156 ; Chambers v. Florida,...
Appeal dismissed on Motion of the Attorney General. *Page 752
On consideration of petition for writ of certiorari to review a judgment of the Circuit Court in and for Sarasota County which, on appeal from the County Court of Sarasota County, reversed the judgment of the County Court and remanded the cause, it appears that the judgment sought to be reviewed here is not a final judgment in a law action and, therefore, is not subject to review on certiorari. Certiorari denied. *Page 264 So ordered. BROWN, C. J., BUFORD, CHAPMAN and THOMAS, J. J., concur.
This case having heretofore been submitted to the Court upon the transcript of the record of the *Page 469 judgment herein and briefs and oral argument of counsel for the respective parties and the transcript of the record having been seen and inspected and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said final judgment as disclosed by the record; it is therefore considered, ordered and adjudged by the Court that...
The case at bar is a companion suit to the case of Weycourt Distributors, Inc., v. R.S. Willis. The facts as disclosed by the record are similar and the same principles of law are applicable to the two suits. The case is ruled by Weycourt Distributors, Inc., v. R.S. Willis, this day decided, and is hereby affirmed. It is so ordered. TERRELL, C. J., BUFORD, THOMAS and ADAMS, J. J., concur. WHITFIELD, BROWN and CHAPMAN, J. J., dissent. *Page 470
Appellant here, after having recovered a judgment against one Louis Davidson, individually, and Sophie Davidson and her husband Louis Davidson, for the sum of $3,250.00 and costs, instituted garnishment proceedings on said judgment against American Fire Casualty Company, a corporation, as *Page 715 garnishee, wherein she claimed the right to recover the amount of the judgment from the Casualty Company by reason of an indemnity policy theretofore issued to Sophie Davidson covering bodily injury...
