This cause come on before this Court on a petition for certiorari under Rule 34 to review an interlocutory decree in equity. Since the petition in certiorari is to advise the Court and in order that injustice not go without relief, the contents of the petition are very important and, further, it is important that the allegations in the petition be supported by page references to the record. The petitioner should present in his petition such of the proceedings as he desires to have reviewed. At...
The Town of Anna Maria, a municipal corporation, by its City Commission, adopted Ordinance No. 25, which provided for and authorized the issuance of municipal bonds in the sum of $40,000.00 or municipal purposes. An election was called and the question of the issuance of the bonds was submitted to the voters of the municipality for their approval or disapproval. As a result of the election and a canvass of all the votes it was disclosed that a majority of the qualified voters of the Town of...
Pursuant to Rule 38 Honorable R. H. Rowe, Circuit Judge, has certified the following questions. On November 10, 1947, a term of the circuit court began in Suwannee County. At the end of the second week the panel of jurors was discharged, all cases having been tried except this one civil case. The circuit judge wrote the attorneys in the case the following letter: "As I understand it, the above cause pending in Suwannee County, Florida, is to be tried in Live Oak on December 1st next. "The...
This appeal is from a decree dismissing an amended bill of complaint, the pertinent allegations being, that in 1943 C.B.F. Corporation, Gulf Villas Inc. and Gulf Homes Inc. (hereinafter referred to as the Corporations) made a contract with the Federal Housing Administration (hereinafter referred to as FHA) whereby FHA agreed to insure certain mortgages executed to Whatley, Davin and Company on 300 housing units to be constructed on lands in Bay County. The apposite condition of the contract was...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 171 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 172 In 1931 the County Commissioners of DeSoto County divided it into two Justice of Peace Districts agreeable to the power vested in them by Article 5, Section 21 of the Constitution. The Districts so constituted...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 171 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 172 In 1931 the County Commissioners of DeSoto County divided it into two Justice of Peace Districts agreeable to the power vested in them by Article 5, Section 21 of the Constitution. The Districts so constituted...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 171 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 172 In 1931 the County Commissioners of DeSoto County divided it into two Justice of Peace Districts agreeable to the power vested in them by Article 5, Section 21 of the Constitution. The Districts so constituted...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 171 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 172 In 1931 the County Commissioners of DeSoto County divided it into two Justice of Peace Districts agreeable to the power vested in them by Article 5, Section 21 of the Constitution. The Districts so constituted...
This cause is before us on writ of habeas corpus and return thereto. The record shows that the same factual conditions exist in this case as existed in the case of Scott v. Mayo, 159 Fla. 816 , 32 So. 2d 821 . Therefore, on authority of the opinion and judgment in that case we do not discharge the petitioner but, under the provisions of Sec. 924.34 , Fla. Statutes 1941 (same F.S.A.) remand him to the custody of respondent with directions that petitioner be presented to the Criminal Court of...
After reconsideration ex mero motu of the point set out in our order of February 2, 1948, 31 So. 2d 914 , we adhere to the former judgment of affirmance. THOMAS, C.J., and BARNS and HOBSON, JJ., and PARKS, Associate J., concur. TERRELL, CHAPMAN and ADAMS, JJ., dissent.
The plaintiff below has appealed from a judgment sustaining a demurrer to his declaration. The declaration alleges, in brief, as follows: One C. M. Robertson, a citizen and resident of Ohio, by and through his duly authorized agent, one H. J. Kirkland, a citizen and resident of Florida, listed a certain Florida citrus grove for sale with the plaintiff, who was and is a licensed real estate broker under the laws of Florida; and contracted with the broker that if the latter would produce to him...
