Judgment awarding peremptory writ of mandamus is affirmed on authority of the opinions and judgments in the cases of Cone, et al., v. State ex rel. Massey, 137 Fla. 417 , 189 So. 44 , and State ex rel. Georgia Bond Mortgage Co. v. Cone, et al., 137 Fla. 412 , 189 So. 47 , and Cone, et al., v. State ex rel Davis, filed this day. So ordered. Affirmed. TERRELL, C. J., and BUFORD and THOMAS, J. J., concur. WHITFIELD, P. J., concurs in opinion and judgment. Justices BROWN and CHAPMAN not...
In this case judgment was entered awarding peremptory writ of mandamus against respondents upon failure to file return to alternative writ, as required by order of court. Some ten days after the judgment was entered respondents filed motion praying that judgment be vacated and set aside. With the motion was tendered a return signed by the Attorney General and an Assistant to the Attorney General and sworn to by a clerk in the office of the State Treasurer. The allegations of the return were...
This is a companion case to that case between the same parties, opinion in which was filed herein on March 5th, 1940, the only difference being that two separate mortgages involving the same parties were foreclosed in separate suits. A stipulation was filed here on November 11th, 1939, in which the parties agreed that the suits were identical except as above stated and agreed that the disposition in this Court of one case should control the disposition of the other. Therefore, on authority of...
In this cause Mr. Chief Justice TERRELL, Mr. Justice WHITFIELD and Mr. Justice CHAPMAN are of the opinion that the Judgment of the circuit court should be reversed, while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice THOMAS are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the said...
In this cause Mr. Chief Justice TERRELL, Mr. Justice WHITFIELD and Mr. Justice CHAPMAN are of the opinion that the Judgment of the circuit court should be reversed, while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice THOMAS are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the said...
In this cause Mr. Chief Justice TERRELL, Mr. Justice WHITFIELD and Mr. Justice CHAPMAN are of the opinion that the Judgment of the circuit court should be reversed, while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice THOMAS are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the said...
In this cause Mr. Chief Justice TERRELL, Mr. Justice WHITFIELD and Mr. Justice CHAPMAN are of the opinion that the Judgment of the circuit court should be reversed, while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice THOMAS are of the opinion that the judgment should be affirmed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether the said...
Writ of Error dismissed on motion of counsel for Plaintiff in Error.
On February 23, 1939, plaintiff in error here, who was the plaintiff in the lower court, filed in the Circuit Court of Dade County, Florida, his declaration consisting of two counts, and the material portions of the two counts necessary to a decision of this case are, viz.: "COUNT ONE. On, to-wit, November 21st, 1938, the plaintiff was employed by Max H. Friedson and/or Friedson Construction Company as a carpenter, in connection with the erection of a certain store building designated as 612...
This appeal is from a final decree awarding peremptory writ of mandamus against appellants who were respondents below directing them to issue appellee, as relator, a certificate to practice dentistry in the State of Florida. It appears that a motion to quash the alternative writ had been overruled and respondents announced that they declined to answer or plead further. Appellants contend that the alternative writ does not show a clear right on the part of appellee to the relief sought nor does...
On February 23, 1938, Oscar Pridgen filed his petition in the Circuit Court of Duval County, Florida, against the State. Board of Dental Examiners, alleging that in June, 1890, be made application to the Board for a certificate to practice dentistry and was examined by the Board and found qualified to practice and was granted a certificate to practice, as required by the laws of Florida. The license is, viz.: "LICENSE TO PRACTICE DENTISTRY "Replica of Great Seal of Florida "WHEREAS Oscar G....
The record and the briefs in this case have been examined and the questions raised found to be identical with those raised and decided in State ex rel. M.E. Garland v. City of West Palm Beach, a municipal corporation, decided this date. The judgment below is accordingly affirmed on authority of the last cited case. Affirmed. WHITFIELD, P. J., BROWN, BUFORD, CHAPMAN and THOMAS, J. J., concur.
Appeal dismissed on motion of counsel for Appellant. *Page 910
This cause is before us on motion that an order be entered here requiring Vincent Starr Wright, the respondent herein, to pay her such sum or sums of money as this Honorable Court may deem to be reasonable and just, as and for (1) temporary alimony and support and maintenance money for herself, (2) reasonable attorney's fees for prosecuting this her said appeal, (3) suit money, and (4) reasonable allowance for the necessary and proper copies of transcript of record of this appeal, and (5) such...
The record here discloses that on the 20th day of December, 1910, the last will and testament of Kate M. Dean was admitted to probate in Hillsborough County, Florida. The testatrix bequeathed and devised unto Hattie Dean Blocker, for and during her natural life, real estate situated in Pinellas County, Florida, and by the terms of said will, the remainder of said lands were bequeathed and devised unto Eleanor W. Jenkins, a widow, and Clara Lavinia Wright, the plaintiffs, and other named...
The Attorney General has presented on behalf of the Tax Collector and Tax Assessor of Dade County an appeal from the final decree of the Chancellor restraining *Page 450 these officials from assessing or collecting ad valorem taxes on certain property of the appellee denominated "aerocars" and declaring void any such levies and asessments previously made. The case was heard on bill, answer and agreed facts. From the stipulation and the photographs attached to the plaintiffs pleading it appears...
On writ of error we review judgment of conviction of the offense of larceny of a cow. Examination and consideration of the entire record discloses no reversible error. The judgment is affirmed. So ordered. Affirmed. TERRELL, C. J., and BUFORD and THOMAS, J. J., concur. WHITFIELD, P. J., concurs in opinion and judgment. Justices BROWN and CHAPMAN not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court. *Page 255
The sole question presented by the plaintiff in error is the inadequacy of the amount awarded him by the jury. The testimony is in sharp conflict. After a study of it we have the view that the jury were well within their province in reaching the finding and that no error clearly appears. Affirmed. TERRELL, C. J., and BUFORD and THOMAS, J. J., concur. *Page 714 WHITFIELD, P. J., concurs in opinion and judgment. Justices BROWN and CHAPMAN not participating as authorized by Section 4687, Compiled...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 417 Petitioners brought a suit in equity seeking to enjoin county officers in Lake County from imposing and collecting ad valorem taxes upon lands of plaintiffs included in overlapping road and bridge districts and other taxing units, and praying direct and incidental relief predicated upon detailed allegations challenging the legality of the tax sought to...
Writ of error was taken to a judgment for defendants in an action for damages for personal injuries received by a guest passenger in an automobile. In the first count of the declaration it is alleged that on November 21, 1937, the plaintiff was a guest passenger in a motor vehicle which was being driven and operated by the defendants across the St. Johns River Bridge, a public *Page 590 highway, in Jacksonville, Florida; that said motor vehicle was driven and operated carelessly, recklessly and...
Writ of error was taken to a judgment for defendants in an action for damages for personal injuries received by a guest passenger in an automobile. In the first count of the declaration it is alleged that on November 21, 1937, the plaintiff was a guest passenger in a motor vehicle which was being driven and operated by the defendants across the St. Johns River Bridge, a public *Page 590 highway, in Jacksonville, Florida; that said motor vehicle was driven and operated carelessly, recklessly and...
Writ of error was taken to a judgment for defendants in an action for damages for personal injuries received by a guest passenger in an automobile. In the first count of the declaration it is alleged that on November 21, 1937, the plaintiff was a guest passenger in a motor vehicle which was being driven and operated by the defendants across the St. Johns River Bridge, a public *Page 590 highway, in Jacksonville, Florida; that said motor vehicle was driven and operated carelessly, recklessly and...
Writ of error was taken to a judgment for defendants in an action for damages for personal injuries received by a guest passenger in an automobile. In the first count of the declaration it is alleged that on November 21, 1937, the plaintiff was a guest passenger in a motor vehicle which was being driven and operated by the defendants across the St. Johns River Bridge, a public *Page 590 highway, in Jacksonville, Florida; that said motor vehicle was driven and operated carelessly, recklessly and...
On petition for writ of certiorari it is contended in this Court that the Circuit Court of Palm Beach County erred in entering an order overruling and denying a motion to dismiss a bill of complaint on the ground that the same was without equity. The lower court by appropriate order restrained Henry C. Winter, as harbormaster for the port of Palm Beach from levying and collecting fees against the motor vessel "Paddie Halferty," and this order likewise is assigned as error. Paragraph IV of the...
On petition for writ of certiorari it is contended in this Court that the Circuit Court of Palm Beach County erred in entering an order overruling and denying a motion to dismiss a bill of complaint on the ground that the same was without equity. The lower court by appropriate order restrained Henry C. Winter, as harbormaster for the port of Palm Beach from levying and collecting fees against the motor vessel "Paddie Halferty," and this order likewise is assigned as error. Paragraph IV of the...
On petition for writ of certiorari it is contended in this Court that the Circuit Court of Palm Beach County erred in entering an order overruling and denying a motion to dismiss a bill of complaint on the ground that the same was without equity. The lower court by appropriate order restrained Henry C. Winter, as harbormaster for the port of Palm Beach from levying and collecting fees against the motor vessel "Paddie Halferty," and this order likewise is assigned as error. Paragraph IV of the...
