53 So. 2d 114 (1951) LEE et ux. v. SAS et al. No. 21857. Supreme Court of Florida, Special Division A. June 15, 1951. John H. Carter, Jr., Marianna, for appellants. Marion B. Knight, Blountstown, for appellees. TERRELL, Justice. In July, 1949, A.W. Lee and his wife Juanita, hereinafter referred to as the Lees, sold to Bert Sas as trustee for himself and J.C. Van Es and C.W. Van Den Bosch, hereinafter referred to as the Dutchmen, 2000 acres of farm land with *115 houses and other farm equipment,...
52 So. 2d 806 (1951) HOGAN et al. v. MARTIN et al. No. 21830. Supreme Court of Florida, en Banc. June 1, 1951. Robert L. Staufer of King & Staufer, Winter Haven, for petitioners. B.G. Langston, Lakeland, and Marshall H. Edwards, Bartow, for respondents. ADAMS, Justice. We have here a petition for certiorari under Supreme Court Rule 34, 30 F.S.A., to review an interlocutory order striking a portion of petitioner's answer. Dewitt F. Rollins and his wife were seized of certain real estate as...
52 So. 2d 805 (1951) SUN COAST, Inc., v. SHUPE et al. No. 21824. Supreme Court of Florida, Special Division B. June 1, 1951. Garland M. Budd, Miami, for appellant. E.B. Griffis and Rogers, Morris & Griffis, all of Fort Lauderdale, for appellees. THOMAS, Justice. From the bill which the chancellor dismissed on motion, it appears that appellant was organized eleven years ago and granted a charter, to borrow the language in appellant's brief, "to engage in practically every type of commercial...
52 So. 2d 903 (1951) KATZ v. BEAR et al. No. 21823. Supreme Court of Florida, en Banc. June 1, 1951. Rehearing Denied June 28, 1951. *904 Montague Rosenberg, Miami Beach, for appellant. Nathanson, Oka & Spaet and William Brody, all of Miami Beach, for appellee. PER CURIAM. The plaintiff-appellant sued the defendants-appellees to recover a realtor's commission for the sale of a lease on a hotel at Miami Beach, Florida. The five year leasehold interest sold for the sum of $35,000.00. The sum of $...
53 So. 2d 868 (1951) McNEILL et al. v. THOMPSON et al. No. 21818. Supreme Court of Florida, en Banc. May 29, 1951. Rehearing Denied July 3, 1951. *869 Messer & Willis, Ben C. Willis and James Messer, Jr., all of Tallahassee, for appellants. Davenport & Johnston, Bert A. Davenport, and Mayo C. Johnston, all of Panama City, for appellees. PARKS, Associate Justice. We review Employers' appeal from the judgment of the Circuit Court of Bay County affirming an order of the Florida Industrial...
52 So. 2d 796 (1951) CITY OF ST. PETERSBURG et al. v. PFEIFFER. No. 21781. Supreme Court of Florida, Division B. May 22, 1951. Lewis T. Wray, Harry I. Young, Frank D. McDevitt and Adrian S. Bacon, all of St. Petersburg, for appellants. Goldner & Cramer, St. Petersburg, for appellee. ADAMS, Justice. Frank E. Pfeiffer was suspended as a fireman of the City of St. Petersburg for a period of 90 days for conduct unbecoming to an employee. The charge was: "On December 23, 1949 in the presence of...
53 So. 2d 106 (1951) PADGETT v. STATE. No. 21636. Supreme Court of Florida, en Banc. June 12, 1951. *107 Atkinson & Atkinson and Parker & Parker, and J. Lewis Hall, all of Tallahassee, for appellant. Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee. VICTOR O. WEHLE, Associate Justice. Appellant was tried on an information in two counts, one for the crime of breaking and entering the Robbins store building in Tallahassee, Florida, on February 14, 1949, and the other...
53 So. 2d 116 (1951) STATE ex rel. HAWKINS v. BOARD OF CONTROL et al. No. 21138. Supreme Court of Florida, en Banc. June 15, 1951. *117 H.E. Hill, Daytona Beach, for relator. Richard W. Ervin, Atty. Gen., and Frank J. Heintz, Asst. Atty. Gen., for respondents. SEBRING, Chief Justice. This cause is before the Court on motion for the entry of a peremptory writ of mandamus notwithstanding the return filed by the respondents in the proceedings. Virgil D. Hawkins, a Negro citizen and resident of...
52 So. 2d 344 (1951) WOLFSON v. RUBIN et ux. Supreme Court of Florida, Division A. April 6, 1951. Rehearing Denied May 22, 1951. *345 H.H. Taylor and Henry H. Taylor, Jr., Miami, for appellant. W.D. Bell, Miami, for appellees. THOMAS, Justice. In this case, and a former one, the parties litigated a contract they had entered into relating to the occupancy, tenure, and management of certain improved property located in Miami Beach. The original bill was filed to secure an accounting and a...
53 So. 2d 319 (1951) WILSON et al. v. BURKE. Supreme Court of Florida, Special Division B. June 12, 1951. Rehearing Denied July 9, 1951. *320 Louis S. Joel, Jacksonville, for Nathan H. Wilson and Milam, McIlvaine, Carroll & Wattles, Ralph H. Martin and Samuel Kassewitz, all of Jacksonville, for appellants, Great Southern Trucking Co. Will O. Murrell and Will O. Murrell, Jr., Jacksonville, for appellee. THOMAS, Justice. The appellee was awarded a judgment against appellants for damages arising...
55 So. 2d 905 (1951) WILLSON v. WILLSON. Supreme Court of Florida, Special Division A. December 4, 1951. Rehearing Denied January 16, 1952. Robert J. Fishkind, Tampa, for appellant. Gregory & Gregory, Tampa, for appellee. TERRELL, Justice. In July, 1949, appellee brought suit against appellant in the Supreme Court of Ontario, Canada, to secure a divorce and custody of their minor child, Ronald John Willson. September 27, 1950, order was entered restraining appellant from removing Ronald John...
55 So. 2d 730 (1951) WHITELEY v. WEBB's CITY, Inc. Supreme Court of Florida, en Banc. December 21, 1951. *731 Goldner & Cramer, St. Petersburg, for appellant. Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellee. TERRELL, Justice. Dorothy D. Keyes died at St. Petersburg, Florida, November 12, 1948, without spouse, children or other dependents. Appellant was appointed executrix of her estate and as such, instituted this suit November 8, 1949 to recover damages for her wrongful death. The...
50 So. 2d 885 (1951) WHISNANT et al. v. STRINGFELLOW et al. Supreme Court of Florida, Division B. February 23, 1951. Archie M. Odom and Frank A. Pavese, Fort Myers, for appellants. William J. Wood, Fort Myers, for appellees. ROBERTS, Justice. A single question is presented on this appeal, viz: Is homestead property up to the assessed valuation of $5,000 properly exempted from a tax for a county health unit levied and assessed by the county commissioners of Lee County, as authorized by Section...
52 So. 2d 803 (1951) WEST COAST HOSPITAL ASS'N v. WEBB. Supreme Court of Florida, Special Division A. May 22, 1951. McMullen, McMullen & Pogue, Clearwater, for appellant. Barton & Saltsman, St. Petersburg, for appellee. THOMAS, Justice. The appellee, during a diabetic coma complicated by pneumonia, was admitted to the Morton F. Plant Hospital, operated by appellant, and while she was unconscious suffered there many serious burns that resulted in permanent injury and necessitated the expenditure...
55 So. 2d 540 (1951) WATSON v. CAMPBELL. Supreme Court of Florida, Special Division B. December 4, 1951. Clyde H. Lockhart, Brooksville, for appellant. E.S. MacKenzie, Brooksville, for appellee. TERRELL, Justice. Appellant as plaintiff brought suit in replevin against appellee as defendant to recover possession of eleven head of cattle. Defendant filed his answer to the complaint. A pre-trial conference was held and the value of the cattle was fixed by agreement at one thousand dollars. All...
53 So. 2d 704 (1951) VAUGHN v. MANDIS et al. Supreme Court of Florida, Special Division A. July 27, 1951. *705 R.M. Clements and Otis Whitehurst, Sebring, and Cyrus Q. Stewart, Fort Myers, for appellant. J. Lewis Hall, Tallahassee, and W.W. Whitehurst, Wauchula, for appellees. CHAPMAN, Justice. The controlling question presented on this appeal is whether the real and personal property described in the pleadings is subject to levy and sale under a writ of execution based on a final judgment in...
50 So. 2d 882 (1951) VAN GALLON v. STATE. Supreme Court of Florida, Division A. February 23, 1951. Hubbard & Carr, Miami, and Watkins & Cohen, Tallahassee, for appellant. Richard W. Ervin, Atty. Gen., and Murray Sams, Jr., Asst. Atty. Gen., for appellee. THOMAS, Justice. At the trial of appellant, which culminated in a judgment of his guilt of murder in the second degree, the court allowed in evidence the written statement of the state's principal witness, made soon after the fatal shooting,...
54 So. 2d 196 (1951) VALDOSTA MILLING CO. v. GARRETSON et al. Supreme Court of Florida, Special Division B. December 4, 1951. Jennings, Watts, Clark & Hamilton, Olin E. Watts and William A. Hamilton, Jacksonville, for appellant. Greene & Ayres, Ocala, for appellees. TERRELL, Acting Chief Justice. December 5, 1949, plaintiffs, appellees, recovered a judgment by default in the Circuit Court of Marion County against defendant, appellant, for $11,996.67. Defendant has no knowledge of said judgment...
55 So. 2d 741 (1951) UNITED STATES CASUALTY CO. et al. v. MARYLAND CASUALTY CO. et al. Supreme Court of Florida, en Banc. October 5, 1951. Rehearing Denied December 15, 1951. *742 Heskin A. Whittaker, Orlando, for appellant. Maguire, Voorhis & Wells, Orlando, for appellees. HOBSON, Justice. This is a workmen's compensation case wherein there was conflicting evidence before the Deputy Commissioner upon the question of whether an injury sustained by Louis A. Livingston on April 14th, 1949, *743...
53 So. 2d 717 (1951) TROUP et al. v. BIRD et al. Supreme Court of Florida, Special Division B. July 3, 1951. *719 E.F.P. Brigham, Miami, for appellants. A.C. Franks, James T. Gordon and H.H. Eyles and Hudson & Cason, all of Miami, for appellees. HOBSON, Justice. This case was tried in the Circuit Court upon the pleadings and a written stipulation of facts. The suit originated as a chancery proceeding brought by the County Commissioners of Dade County and a property owner, Ralph Finn, against...
