66 So. 2d 238 (1953) ZAUCHA et ux. v. TOWN OF MEDLEY et al. Supreme Court of Florida, Division A. July 3, 1953. Rehearing Denied July 23, 1953. *239 Samuel Steen, Miami Beach, and Orville L. Rogers, Miami, for appellants. Dudziak & Migoski and Hudson & Cason, Miami, for appellees. SEBRING, Justice. The appellants, who were the plaintiffs below, have appealed from an adverse decree in a suit brought by them to enjoin the Town of Medley, a municipal corporation in Dade County, Florida, from...
63 So. 2d 193 (1953) YOUSKO v. VOGT et al. Supreme Court of Florida, Division A. February 17, 1953. Rosin & Paderewski, Sarasota, for appellant. Paul M. Souder, Sarasota, and Robert J. Marshall, Palmetto, for appellees. HOBSON, Chief Justice. The only question presented by the appellant is whether the trial judge committed reversible error when he refused to charge the jury on the doctrine of "last clear chance." Our examination of the record in this case convinces us that the learned Circuit...
66 So. 2d 214 (1953) YOST v. MIAMI TRANSIT CO. Supreme Court of Florida, Division B. July 10, 1953. Louis Schwarzkopf, Miami Beach, and Knight, Smith & Underwood, Miami, for appellant. Blackwell, Walker & Gray, Miami, for appellee. THOMAS, Justice. The prime question in this appeal is whether there was lack of a genuine issue of material fact so that the judge was justified in entering a summary judgment for the defendant under Common Law Rule 43, 30 F.S.A. The appellant alleged that she was a...
63 So. 2d 636 (1953) WOODS v. CITY OF PALATKA. Supreme Court of Florida, en Banc. February 27, 1953. Rehearing Denied April 1, 1953. Chas. J. Kapfer and Edward L. Bush, Palatka, for appellant. Walton & Walton, J.V. Walton and Kate L. Walton, Palatka, for appellee. ROBERTS, Justice. The real question here is on the constitutionality of the following provision of the Charter of the City of Palatka, appellee here, being Section 93 of Chapter 9875, Laws of Florida, Special Acts of 1923: "The City...
65 So. 2d 40 (1953) WILSON v. LEE MEMORIAL HOSPITAL. Supreme Court of Florida, Division A. April 21, 1953. Rehearing Denied June 1, 1953. W.D. Bell, Miami, for appellant. Blackwell, Walker & Gray, Miami, for appellee. TERRELL, Justice. Appellant as plaintiff instituted this suit against Lee Memorial Hospital, hereinafter referred to as "the hospital", and Doctors Harvey J. Stripe, Baker Whisnant, and Harry L. Allen to recover damages for personal injuries resulting from carelessly and...
64 So. 2d 309 (1953) WILSON et al. v. FLORIDA NAT. BANK & TRUST CO. AT MIAMI et al. Supreme Court of Florida, en Banc. March 13, 1953. Rehearing Denied April 18, 1953. *310 Redfearn & Ferrell, Miami, for appellants. Ward & Ward, Miami, for appellees. Padgett & Teasley, Miami, for appellee, Onie Fuchs. HOBSON, Chief Justice. Charles T. Fuchs died a resident and citizen of Dade County, Florida, on December 31, 1949, leaving as his only heirs his widow, Onie Fuchs, and his daughter, Jane Fuchs,...
65 So. 2d 546 (1953) WILSON v. BACHRACH et al. Supreme Court of Florida, Division B. June 5, 1953. Robert M. Deehl and Price & Price, Miami, for appellant. Brown, Dean & Hill, Miami, for appellees. THOMAS, Justice. The appellees, defendants in the trial court, were awarded a summary judgment and this appeal followed. It was alleged in the amended complaint that the plaintiff had purchased of the defendants at the restaurant operated by them unwholesome food which caused him to become violently...
69 So. 2d 766 (1953) WILLIAMS v. STATE. Supreme Court of Florida. Division B. December 8, 1953. Rehearing Denied February 13, 1954. *767 Sam E. Murrell and Sam E. Murrell, Jr., Orlando, for appellant. Richard W. Ervin, Atty. Gen., and Mark R. Howes, Asst. Atty. Gen., for appellee. DREW, Justice. Robert Williams was tried before a jury in the Criminal Court of Record of Polk County, Florida, with one Lorus Argie Young, a codefendant, and was found guilty on all six counts of an information...
68 So. 2d 583 (1953) WILLIAMS v. STATE. Supreme Court of Florida. Division A. December 8, 1953. Sam E. Murrell, Sam E. Murrell, Jr., Orlando, for appellant. Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellee. James G. Horrell, Orlando, amicus curiae. SEBRING, Justice. Patrick Henry Williams, the defendant below, was indicted for the crime of murder in the first degree. Upon arraignment he entered pleas of not guilty and not guilty by reason of insanity. The jury...
62 So. 2d 732 (1953) WILLIAMS v. CITY OF LAKE CITY et al. Supreme Court of Florida, en Banc. January 16, 1953. Rehearing Denied February 9, 1953. J.B. Hodges, Lake City, and Neal D. Evans, Jr., Jacksonville, for appellant. W.H. Wilson, Jr., and Brannon & Brown, Lake City, for appellee. DREW, Justice. The appellant, Susie Williams, hereafter called appellant, sued the City of Lake City, Florida, and R.O. Girvin and A.P. White, partners doing business as Girvin and White, hereafter called...
65 So. 2d 56 (1953) WILLIAMS v. CITY OF GREEN COVE SPRINGS. Supreme Court of Florida, en Banc. April 28, 1953. Will O. Murrell and Wm. O. Murrell, Jr., Jacksonville, for appellant. Thomas J. Rivers, Green Cove Springs, for appellee. *57 PER CURIAM. We find no showing of a right to relief against the defendant below. Therefore the judgment appealed from is affirmed upon authority of Elrod v. City of Daytona Beach, 132 Fla. 24 , 180 So. 378 , 118 A.L.R. 1049 ; Lewis v. City of Miami, 127 Fla. 426...
64 So. 2d 293 (1953) WEST COAST HOSPITAL ASS'N v. HOARE. Supreme Court of Florida, en Banc. April 10, 1953. *294 Morris E. White and William A. Gillen of the firm of Fowler, White, Gillen, Yancey & Humkey, Tampa, and Alfred P. Marshall of the firm of Marshall & Rives, Clearwater, for petitioner. Wolfe, Wightman & Rowe, Clearwater, for respondent. MATHEWS, Justice. This suit involves the authority of the petitioner, or of the governing authorities of the petitioner, to grant, withhold or refuse...
62 So. 2d 904 (1953) WEISS et al. v. JACOBSON. Supreme Court of Florida, en Banc. January 30, 1953. Broad & Cassel, Miami Beach, for appellants. Knight, Smith & Underwood, Miami, for appellee. HOBSON, Chief Justice. The facts which gave birth to, and allegedly furnish a sound predicate for, this litigation are truly novel; indeed, the reading of the original and amended complaints almost wafts one's imagination into the realm of fantasy. Be that as it may, the allegations of the complaints must...
67 So. 2d 321 (1953) WAY et al. v. STATE. Supreme Court of Florida, en Banc. July 31, 1953. Rehearing Denied October 14, 1953. Whit Newberry, Jr., Pensacola, for appellants. Richard W. Ervin, Atty. Gen., and Bart L. Cohen, Asst. Atty. Gen., for appellee. HOBSON, Justice. Appellants were charged in the Court of Record of Escambia County with having unlawfully taken, stolen, carried away one outboard motor of the value of $260. In count No. 1 it was alleged that the outboard motor was the...
66 So. 2d 54 (1953) WARREN, Governor for Use and Benefit of HUGHES SUPPLY CO., Inc., v. GLENS FALLS INDEMNITY CO. OF GLENS FALLS, N.Y., et al. Supreme Court of Florida, Special Division B. June 23, 1953. Rehearing Denied July 27, 1953. *55 Cross & Hawes, Gainesville, for appellant. G. Warren Sanchez, Tallahassee, for appellees. DREW, Justice. The Suwannee County Board of Public Instruction entered into a contract to construct an elementary school building but did not demand or receive from the...
64 So. 2d 267 (1953) WAGNER v. BARON et al. Supreme Court of Florida, en Banc. March 17, 1953. Rehearing Denied April 28, 1953. George H. Henry, Miami, for appellant. William E. Walsh, Jr., Miami, for A.J. Baron, appellee. Alexander S. Gordon, Miami, and Frederick N. Barad, Miami Beach, for Marine Engineering and Towboat Company, appellee. ROBERTS, Chief Justice. The question here is whether a judgment in bastardy proceedings instituted by the appellant under the provisions of Chapter 742,...
68 So. 2d 366 (1953) UNIVERSAL CONST. CO. v. CITY OF FORT LAUDERDALE. Supreme Court of Florida. En Banc. October 30, 1953. Rehearing Denied December 11, 1953. *367 Earnest, Lewis, Smith & Jones and Paty, Downey & Paty, West Palm Beach, for appellant. T.O. Berryhill, Carl A. Hiaasen and McCune, Hiaasen & Kelley, Fort Lauderdale, for appellee. HOBSON, Justice. Counsel for appellant earnestly insist in their petition for rehearing that in this lawsuit on the quantum meruit the cause of action is...
62 So. 2d 589 (1953) UNITED STATES v. GRIFFIN-MOORE LUMBER CO., Inc. Supreme Court of Florida, en Banc. January 13, 1953. Herbert S. Phillips, Tampa, and J. Hardin Peterson, Jr., Lakeland, for appellant. R.B. Huffaker, Bartow, for appellee. TERRELL, Acting Chief Justice. October 16, 1950, A.C. Thompson and his wife Alma Thompson executed a promissory note to Lake Wales State Bank. The note was secured by a mortgage describing certain lands in Polk County. It was duly recorded and on November 8,...
64 So. 2d 281 (1953) UNDERWOOD v. UNDERWOOD. Supreme Court of Florida, Special Division A. April 10, 1953. *282 Goldstein & Goldstein and S. William Goldstein, Jacksonville, for appellant. E.K. McIlrath, Jacksonville, for appellee. DREW, Justice. On September 11, 1945, after more than 24 years of married life as the wife of Herbert F. Underwood, Bertha M. Underwood filed a complaint for divorce in the *283 Circuit Court of Duval County. At the time of the institution of the suit they had one...
67 So. 2d 433 (1953) TRUSTEES OF INTERNAL IMPROVEMENT FUND v. BASS. Supreme Court of Florida, Division A. October 6, 1953. Richard W. Ervin, Atty. Gen., Fred M. Burns, Asst. Atty. Gen., and John D. Moriarty, Sp. Asst. Atty. Gen., for appellant. Frank E. Bryant, Miami, for appellee. TERRELL, Justice. This is a suit in ejectment by the Trustees of the Internal Improvement Fund to recover possession of the Southeast quarter of the Southeast quarter of Section 34, Township 33, South, Range 29 East,...
