By a decree which is now challenged the appellee was awarded a divorce from the appellant on the ground of desertion. Three elements of abandonment must be established by the evidence to warrant a divorce under our statute, paragraph 7, Section 4983, C. G. L., 1927, Section 65.04, Florida Statutes, 1941, that is, wilfulness, obstinateness and continuedness "for one year." One of the principal points in dispute here is the sufficiency of the testimony to show that the desertion charged by the...
This is a mandamus proceeding in which appellee seeks to require appellants as members of the State Board of Dental Examiners to issue him a certificate to practice dentistry in the State of Florida as the result of an examination taken for that purpose. The appeal is from a final judgment awarding a peremptory writ of mandamus. Appellant contends that this judgment should be reversed because (1) the State Board of Dental Examiners is authorized to require that all applicants to practice...
This cause is before us on a second appeal. See In Re Barrett Estate, Barrett and Hyzer v. Wyman, 147 Fla. 198 , 3 So. 2d 734 . On first appeal we reviewed the judgment of the Circuit Court and affirmed the same. Thereby we affirmed the judgment of the County Judge and made it the judgment of the Supreme Court. When the mandate went down it contained the pro forma order applicable in such cases, viz: You are hereby commanded, That such further proceedings be had in said cause as according to...
Affirmed. BUFORD, C. J., BROWN, THOMAS and SEBRING, JJ., concur.
Appellee procured a final judgment in ejectment. The basis of her claim arises out of these facts. In 1934 Wright Estates, Inc., held a mortgage on eighty acres of land. Appellee was the mortgagor and in possession. Appellee claims that Wright Estates, Inc., orally agreed that if she would forbear to defend a suit to foreclose the mortgage, Wright Estates would buy in the property at master's sale and deed to her the land now in suit. Thereupon appellee enclosed the land and claims that she has...
From.a judgment of conviction of unarmed robbery this appeal has been perfected. The appellant has posed three questions for our consideration. By these questions two contentions *Page 418 are advanced. The first is, that the accused was under the influence of intoxicating liquor to such an extent that he was incapable of forming any specific intent to rob. The other is, that the evidence taken as a whole is insufficient. The record discloses some evidence tending to show that appellant was...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 269 ON PETITION FOR REHEARING This is the fourth appearance of this cause in this Court. The previous history of the case as presented in this Court will be found in Goodkind v. Wilkowsky, 132 Fla. 63 , 180 So. 538 ; Goodkind v. Wolkowsky, 147 Fla. 415 , 2 So. 2d 723 ; Goodkind v. Wolkowsky, 151 Fla. 62 , 9 So. 2d 553 . The present petition for certiorari is...
In June, 1941, J.Z. Winkler entered into contract with Lorraine Daniels Stohn and David Gordon Daniels to purchase certain property in Miami Beach for consideration of $25,500 on which an escrow deposit of $2,550 was made with the First National Bank of Miami Beach. The transaction was negotiated by J.H. Davidson and the title was to be free and clear of all encumbrances. A great many complications developed before the title was cleared. The property was the homestead of Oscar Daniels; the...
The parties to this suit were husband and wife from 1904 until October 3, 1939, when a decree of divorce was entered by the Circuit Court of Charlotte County, Florida. The parties pooled their finances, labor and industry and acquired property and some of it was set to citrus trees. The legal title to the property rested in Helen Windham. The Federal Land Bank appears to have held a mortgage at one time on the property, or a part of it. The decree of divorce held that the parties were tenants...
Suit was brought by appellees seeking a decree declaring that a certain tax certificate "describes, affects and relates to lots 47 to 77, inclusive, in block 1 of George S. Williams Addition to the City of Wauchula, and that the same does not relate to, affect, or create any lien upon . . . lots 47 to 77, inclusive, Block 2, of George S. Williams Addition to the City of Wauchula." We have given the descriptions in full so it may be noted that they are identical except the designation of the...
The appellee pleaded guilty of violating Section 817.09 Florida Statutes, 1941, and was held under a commitment when discharged upon a writ of habeas corpus by the circuit judge who had the conviction that the Act offended the Constitution of the United States, presumably the Thirteenth Amendment prohibiting involuntary servitude. The Act denounces as a misdemeanant "any person . . . who . . ., with intent to injure and defraud, under and by reason of a contract or promise to perform labor or...
Gladys G. Whaley and J. Kenneth Williamson, residents of Palm Beach County, Florida, on July 24, 1937, were married in Atlanta, Georgia. They returned to West Palm Beach and established a home, where they cohabited as husband and wife, until July 18, 1941, when the husband left the home and obtained quarters at a hotel, and later moved into an apartment. The wife was dependent on the husband for her support and maintenance. She applied to the Court for an order requiring the husband to...
Appeal dismissed on motion of the Attorney General.
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment 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 judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Court of Record be, and the same is...
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment 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 judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Court of Record be, and the same is...
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment 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 judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Court of Record be, and the same is...
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment 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 judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Court of Record be, and the same is...
Suit was filed by White Furniture Company to enforce an alleged equitable lien upon certain household furniture in the possession of one Ashley and wife, which had been purchased by them from Mather-Hodgkins, Inc., under retain title contract. The gist of the bill of complaint was that a subsequent transaction, whereby Mather-Hodgkins, Inc., had placed the conditional sales contract with a bank with instructions to collect installments due thereon and remit the same to White Furniture Company...
Suit was filed by White Furniture Company to enforce an alleged equitable lien upon certain household furniture in the possession of one Ashley and wife, which had been purchased by them from Mather-Hodgkins, Inc., under retain title contract. The gist of the bill of complaint was that a subsequent transaction, whereby Mather-Hodgkins, Inc., had placed the conditional sales contract with a bank with instructions to collect installments due thereon and remit the same to White Furniture Company...
Suit was filed by White Furniture Company to enforce an alleged equitable lien upon certain household furniture in the possession of one Ashley and wife, which had been purchased by them from Mather-Hodgkins, Inc., under retain title contract. The gist of the bill of complaint was that a subsequent transaction, whereby Mather-Hodgkins, Inc., had placed the conditional sales contract with a bank with instructions to collect installments due thereon and remit the same to White Furniture Company...
Suit was filed by White Furniture Company to enforce an alleged equitable lien upon certain household furniture in the possession of one Ashley and wife, which had been purchased by them from Mather-Hodgkins, Inc., under retain title contract. The gist of the bill of complaint was that a subsequent transaction, whereby Mather-Hodgkins, Inc., had placed the conditional sales contract with a bank with instructions to collect installments due thereon and remit the same to White Furniture Company...
Petition for writ of certiorari denied. BUFORD, C. J., TERRELL, BROWN, CHAPMAN and SEBRING, JJ., concur. THOMAS and ADAMS, JJ., dissent.
Certiorari to review appellate judgment of Circuit Court in and for Dade County affirming judgment of Civil Court of Record. The declaration sought the recovery of damages for plaintiff's mental pain and anguish, under Section 363.06 Fla. Statutes 1941, formerly Section 6352 C.G.L., 4388 R.G.S., resulting from the negligent failure of the defendant to promptly transmit and deliver a certain telegram. Prior to the enactment of this statute in 1913, mental pain and suffering did not constitute an...
In January, 1936, N.W. Carter was employed by J.F. Weathers and while driving a Ford V-8 coupe in Brevard County, he collided with a Chevrolet truck and trailer owned by Irwin Cauthen but was being driven at the time by T.B. Ingram an employee of Irwin Cauthen. N.W. Carter suffered serious and permanent injury from the collision. Carter filed his claim for compensation under the Workmen's Compensation Law which was allowed by the Florida Industrial Commission and benefits were paid by the...
