61 So. 2d 649 (1952) ZALLA v. STATE. Supreme Court of Florida, Special Division A. November 21, 1952. Rehearing Denied December 17, 1952. *650 Sam E. Murrell and Sam E. Murrell, Jr., Orlando, for appellant. Richard W. Ervin, Atty. Gen. and Reeves Bowen, Asst. Atty. Gen., for appellee. WHITE, Associate Justice. This is an appeal from a judgment of conviction and sentence for "attempted bribery". See Statute, F.S.A. ยง 838.01. At the outset, appellant argues that the information upon which he was...
60 So. 2d 15 (1952) WOOD v. BLACK. Supreme Court of Florida, en Banc. July 15, 1952. James T. Smith, St. Petersburg, for appellant. McClure & Turville, St. Petersburg, for appellee. TERRELL, Justice. October 4, 1950, E.M. Wood executed a contract with Nellie D. Black to construct a residence on land owned by the latter. Wood furnished labor and materials costing $2,808.18 on which account Black paid $1,500 leaving a balance due of $1,308.18. Black terminated the contract and assumed...
62 So. 2d 30 (1952) WOLF v. INDUSTRIAL SUPPLY CORP. Supreme Court of Florida, Division A. December 16, 1952. *31 Rosin & Paderewski, Sarasota, for petitioner. William C. McLean, Tampa, for respondent. HOBSON, Justice. Petitioner attempts to persuade this Court to issue a writ of certiorari and review an interlocutory order of the Circuit Court in a common law action. We have repeatedly denied such applications, although on rare occasions, notably in the case of Kilgore v. Bird, 149 Fla. 570 , 6...
58 So. 2d 153 (1952) WOLF v. CLEVELAND ELECTRIC CO., Inc. Supreme Court of Florida, Special Division B. April 1, 1952. *154 Murrell & Murrell, Jacksonville, for appellant. Wm. Joe Sears and Eli Fink, Jacksonville, for appellee. MATHEWS, Justice. The appellee filed a motion to dismiss an appeal in this case upon the following grounds: "It affirmatively appears from the record herein that Final Judgment in this cause was entered for the Defendant in the Court below on November 24, 1950; that no...
61 So. 2d 493 (1952) WILLIAMS v. BOARD OF PUBLIC INSTRUCTION OF FLAGLER COUNTY et al. Supreme Court of Florida, Special Division B. October 24, 1952. Rehearing Denied November 21, 1952. Ray Selden, Daytona Beach, for appellant. Isham W. Adams, Daytona Beach, for appellee. FABISINSKI, Associate Justice. The only substantial question raised by this appeal is whether the affidavits offered in support of a motion for summary judgment, on the one hand, and the deposition of the plaintiff (appellant)...
59 So. 2d 532 (1952) WHITE v. JOHNSON et al. Supreme Court of Florida, en Banc. June 13, 1952. Coe & Coe, Pensacola, for appellant. Philip D. Beall, Pensacola, for appellee. HOBSON, Justice. The determination of the question raised on this appeal requires us to again consider the proper construction to be given to Section 222.11 F.S.A. The identical query was presented in the case of Wolf v. Commander (Florida Citrus Exchange, Garnishee), 137 Fla. 313 , 188 So. 83 , 85. Counsel for appellant...
56 So. 2d 536 (1952) WEATHERS v. STATE. Supreme Court of Florida, Division A. January 29, 1952. Rehearing Denied February 21, 1952. *537 P. Donald DeHoff, Jacksonville, for appellant. Richard W. Ervin, Atty. Gen., and Leonard Pepper, Asst. Atty. Gen., for appellee. THOMAS, Justice. An information was filed in the Criminal Court of Record of Duval County charging Walter W. Ziegler, alias Dr. W.W. Winnenger, alias William W. Wininger, with performing an abortion upon a certain woman and charging...
58 So. 2d 146 (1952) WAID v. STATE. Supreme Court of Florida, Special Division A. April 15, 1952. Martin & Martin, Plant City, for appellant. Richard W. Ervin, Atty. Gen., and Leonard Pepper, Asst. Atty. Gen. for appellee. THOMAS, Justice. The appellant's sole contention here is based on remarks of the prosecuting officer in the presence of the jury about the failure of the appellant to testify in his own behalf. In support of the point he invokes Sec. 918.09, Florida Statutes 1949, and F.S.A.,...
60 So. 2d 158 (1952) TUGGLE v. MADDOX. Supreme Court of Florida, Division A. July 25, 1952. O.B. White, E.S. Corlett, III, and John R. Tatum, Miami, for appellant. George C. McCaughan, Miami, for appellee. THOMAS, Justice. Appellant and appellee were married many years ago and to the union a boy, now seventeen, was born. When the marriage had lasted about seven years the appellant obtained a divorce, apparently on the ground of desertion, and was awarded the custody of the child. As time passed...
57 So. 2d 844 (1952) TOWN OF SURFSIDE v. NORMANDY BEACH DEVELOPMENT CO. Supreme Court of Florida, Division B. March 25, 1952. Rehearing Denied May 20, 1952. Copeland, Therrell & Baisden, Miami Beach, and Frank J. Kelly, Miami, for appellant. Anderson & Nadeau, Miami, for appellee. CHAPMAN, Justice. The Town of Surfside was established by Chapter 17677, Sp.Acts of 1935, Laws of Florida. The Normandy Beach Development Company for several years had owned land which was incorporated within the...
60 So. 2d 774 (1952) TOWN OF MIAMI SPRINGS v. LASSETER et al. Supreme Court of Florida, en Banc. August 5, 1952. Rehearing Denied November 4, 1952. George J. Baya, Miami, for appellant. Worley, Gautier & Dawes, Miami, for appellees. THOMAS, Justice. This action arose from a collision between a car driven by the appellee wife and a truck operated by a city employee. In the complaint it was charged that the wife's injuries resulted from the negligence of the truck driver, averred that "proper...
60 So. 2d 482 (1952) TOWN OF COREYTOWN et al. v. STATE ex rel. ERVIN, Attorney General et al. Supreme Court of Florida, Special Division B. August 29, 1952. Rehearing Denied October 2, 1952. *483 Wolfe, Wightman & Rowe, John R. Bonner, Clearwater, and Charles J. Schuh & Son, St. Petersburg, for appellants. Richard W. Ervin, Atty. Gen., Richard G. Key and Jack Clark, St. Petersburg, for appellees. REVELS, Associate Justice. This is an appeal from final judgment of ouster entered August 1, 1951,...
57 So. 2d 855 (1952) TOWN OF BAY HARBOR ISLANDS et al. v. SCHLAPIK. Supreme Court of Florida, Division A. March 28, 1952. *856 Alvin Cassel, Miami Beach, for appellants. Berick, Shapiro & Fried and Richard E. Gerstein and Samuel W. Fried, Miami Beach, for appellee. THOMAS, Justice. The chancellor, following the report of a special master which he confirmed, enjoined the appellants, the Town and the town officials, from enforcing Section 2 of Ordinance 30, and Section 6 of Ordinance 42 against...
62 So. 2d 16 (1952) THOMPSON, Sheriff, et al. v. INTERCOUNTY TEL. & Tel. CO. Supreme Court of Florida, en Banc. December 19, 1952. Richard W. Ervin, Atty. Gen., John A. Madigan, Jr., and Ralph M. McLane, Asst. Attys. Gen., and Lewis Tribble, Tallahassee, for petitioners. Henderson, Franklin, Starnes & Holt, Fort Meyers, for respondent. THOMAS, Justice. The chancellor denied in part a motion of petitioners to dismiss a bill filed by the respondent to restrain the execution by the sheriff of a...
58 So. 2d 173 (1952) THOMAS v. STATE ex rel. COBB et al. Supreme Court of Florida, en Banc. March 28, 1952. Rehearing Denied April 30, 1952. Keen, O'Kelley & Spitz, J. Velma Keen and Chas. H. Spitz, Tallahassee, for appellant. Bedell & Bedell and Chester Bedell, Jacksonville, for appellees. MATHEWS, Justice. The relator is a citizen and resident of Duval County, Florida, and is now and has been for many years a qualified elector of Duval County. He is not illiterate, but graduated from the...
59 So. 2d 517 (1952) THOMAS v. STATE. Supreme Court of Florida, Special Division B. June 13, 1952. R.H. Merritt, Pensacola, for appellant. Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellee. MATHEWS, Justice. The appellant was informed against for second degree murder growing out of the killing of his wife by cutting and stabbing her with a knife. He was convicted of manslaughter and sentenced to 20 years imprisonment. Appellant raises four questions: (1) Was it...
60 So. 2d 534 (1952) TAYLOR, County Sol. et al. v. COOPER. Supreme Court of Florida, Division A. July 29, 1952. Rehearing Denied September 8, 1952. *535 Hudson & Cason, Miami, for petitioners. Henry L. Oppenborn and Paul C. Ropes, Miami, for respondent. HOBSON, Justice. The Petition for Writ of Certiorari is hereby denied. We deem it appropriate to observe that we do not wish our ruling herein to be taken as a direction to the Chancellor that he should determine all questions raised by the...
62 So. 2d 10 (1952) TAMPA TRANSIT LINES, Inc. v. CORBIN et al. Supreme Court of Florida, Special Division B. December 22, 1952. Rehearing Denied January 10, 1953. *11 Hill, Hill & Dickenson, and Lewis H. Hill, Jr., Tampa, for appellant. Paul Kickliter and Benjamin C. Sidwell, Tampa, for appellees. MATHEWS, Justice. This is an appeal from a final judgment based upon a verdict by the jury awarding damages to the appellees for personal injuries. Motion for new trial was denied. At the conclusion...
56 So. 2d 911 (1952) SUWANNEE COUNTY HOSPITAL CORP. v. GOLDEN et al. Supreme Court of Florida, en Banc. February 12, 1952. Keen, O'Kelley & Spitz, Tallahassee, for appellant. Ferguson & Jopling, Lake City, for appellees. THOMAS, Justice. The appellees were successful in their action against the appellant for damages resulting from an injury to Claudia Golden, the wife, when she was severely burned by hot water bottles improperly applied while she was a patient in appellant hospital. The first...
59 So. 2d 535 (1952) SULTAN & CHERA CORP. et al. v. FALLAS. Supreme Court of Florida, Special Division B. June 13, 1952. Rehearing Denied July 15, 1952. *536 Lawrence G. Lally and Rodney Durrance, Tallahassee, for appellants. Seymour Silverman, Miami Beach, and Arthur A. Kimmel, Miami Beach, for appellee. MATHEWS, Justice. This is an appeal with reference to a workmen's compensation case from the Circuit Court in Dade County from an order reversing an order of the Florida Industrial Commission....
