75 So. 2d 909 (1954) Carrie Taylor WINN, Appellant, v. CITY OF COCOA, a Municipal Corporation, Appellee. Supreme Court of Florida, Division A. November 19, 1954. Rehearing Denied December 13, 1954. *910 Truett & Watkins, Tallahassee, for appellant. Robert Godbey, Cocoa, for appellee. MATHEWS, Justice. In this case the husband of the defendant in the court below had himself for a client and also attempted to represent his wife. The primary question presented on appeal is the allowance of an...
73 So. 2d 287 (1954) WINN-LOVETT TAMPA, Inc., et al. v. MURPHREE et al. Supreme Court of Florida. Special Division A. June 18, 1954. *288 Marks, Gray, Yates & Conroy, Jacksonville, and Clayton, Arnow, Duncan & Johnston, Gainesville, for relators. Carlos E. Harper and Scruggs & Carmichael, Gainesville, for respondents. TERRELL, Acting Chief Justice. Fred Fox, a minor fifteen years of age, while employed by relators had his right hand, wrist and part of his forearm ground up in a power driven...
69 So. 2d 659 (1954) WILSON v. McCOY MFG. CO., Inc., et al. Supreme Court of Florida. En Banc. January 8, 1954. *660 Morrice S. Uman, Tampa, for petitioner. Richard W. Ervin, Atty. Gen., Howard S. Bailey, Asst. Atty. Gen., Lazonby, Dell, Graham & Mills, Gainesville, and Burnis T. Coleman, Tallahassee, for respondents. Sanchez, Watkins & Watkins, Tallahassee, Samuel R. Dighton, Orlando, as Amicus Curiae. THOMAS, Justice. Before the enactment of Chapter 28241, Laws of Florida, Acts of 1953, the...
74 So. 2d 797 (1954) Jessie Lee WILLIAMS, Appellant, v. The STATE of Florida, Appellee. Supreme Court of Florida. Division B. September 28, 1954. *799 Will O. Murrell, Wm. O. Murrell, Jr., Boone & Swanson, Jacksonville, for appellant. Richard W. Ervin, Atty. Gen., Moie J.L. Tendrich, Sp. Asst. Atty. Gen., for appellee. HOBSON, Justice. Appellant, Jessie Lee Williams, was indicted for murder in the first degree. He pleaded not guilty, and his trial resulted in a jury verdict of guilty of murder...
72 So. 2d 278 (1954) WILENSKY v. PERELL. Supreme Court of Florida. Special Division B. April 27, 1954. Nichols, Gaither, Green, Frates & Beckham and Wm. Clinton Green, Miami, for appellant. Dixon, DeJarnette & Bradford, Miami, for appellee. THOMAS, Justice. The court dismissed an original and two amended complaints. The order dismissing the second amended complaint contained no provision for further amendment. Then the appellee employed additional counsel and they petitioned for a rehearing and...
72 So. 2d 364 (1954) WHEELER v. STATE. Supreme Court of Florida. En Banc. February 12, 1954. Rehearing Denied May 27, 1954. Sam E. Murrell and Sam E. Murrell, Jr., Orlando, and Whitaker Brothers, Tampa, for appellant. Richard W. Ervin, Atty. Gen., and Mark R. Hawes, Asst. Atty. Gen., for appellee. *365 THOMAS, Justice. The appellant was found guilty by a jury on all five counts of an information containing charges of various violations of Section 849.09, Florida Statutes 1951, and F.S.A.,...
76 So. 2d 478 (1954) K.B. WEISSMAN, Appellant, v. LINCOLN CORPORATION, a Florida corporation, Appellee. Supreme Court of Florida. Division A. November 9, 1954. Rehearing Denied December 17, 1954. *479 Anderson & Nadeau, Miami, for appellant. Williams, Salomon & Katz, Miami, for appellee. SEBRING, Justice. Lincoln Corporation was organized under the laws of Florida in 1946. The stock of the corporation was issued to two family groups, the Freisingers and the Cohens. The articles of incorporation...
73 So. 2d 56 (1954) WEISBERG v. PERL et ux. Supreme Court of Florida. Special Division B. June 4, 1954. Rehearing Denied June 18, 1954. *57 Marx M. Faber, Miami, for appellant. Wicker & Smith, Miami, for appellees. MATHEWS, Justice. On October 9, 1953, the Circuit Court of Dade County entered a summary final judgment pursuant to motion and notice. In this final judgment the Court found that "there is no genuine issue of a material fact to be submitted to a jury and that the defendants are...
75 So. 2d 596 (1954) Cecil M. WEBB, M. Johnny Walker, Dave Turner, Francis P. Whitehair and F.M. Turner, Jr., as and constituting the State Road Department of Florida, Petitioners, v. Louis HILL, Respondent. Supreme Court of Florida. En Banc. October 29, 1954. Rehearing Denied November 3, 1954. *598 George C. Dayton, Dade City, Ross H. Stanton, Jr., Tallahassee, and Bryan W. Henry, Miami, for petitioners. Caldwell, Parker, Foster & Wigginton, Tallahassee, for respondents. MATHEWS, Justice. This...
74 So. 2d 574 (1954) WAWNER v. SELLIC STONE STUDIO. Supreme Court of Florida. En Banc. July 13, 1954. As Amended on Denial of Rehearing September 28, 1954. *575 Charles H. Wakeman, Jr., Miami, for appellant. A. Lee Bradford, Carl P. Stephens, Jr., and Dixon, DeJarnette & Bradford, Miami, for appellee. DREW, Justice. This appeal arises from a negligence suit in which the jury found for the defendant, who is the appellee here. There is little, if any, dispute about the material facts. The main...
75 So. 2d 907 (1954) WASHINGTONIAN APARTMENT HOTEL CO., a Florida corporation, and Gladwin Corporation, a Florida corporation, Appellants, v. Rose SCHNEIDER, Gertrude Schneider and Fred Schneider, Appellees. Supreme Court of Florida. Special Division B. November 16, 1954. Rehearing Denied December 13, 1954. *908 Harold Tannen, Miami, for appellants. Nathanson, Oka & Spaet, and A. Daniel Killian, Jr., Miami Beach, for appellees. THOMAS, Justice. The appellants challenge a decree entered in...
73 So. 2d 884 (1954) VOLUSIA COUNTY KENNEL CLUB, Inc., et al. v. HAGGARD et al. Supreme Court of Florida. En Banc. June 1, 1954. Rehearing Denied July 6, 1954. *885 Loftin, Anderson, Scott, McCarthy & Preston, Robert H. Anderson and D.P.S. Paul, Miami, for appellants. Richard E. Ervin, Atty. Gen., Fred M. Burns and George E. Owen, Asst. Attys. Gen., John D. Moriarty, Sp. Asst. Atty. Gen., and Walter E. Dence, Miami, for appellees. MATHEWS, Justice. This case involves the legality of an...
73 So. 2d 403 (1954) VOELKER v. COMBINED INS. CO. OF AMERICA. VOELKER v. LIFE & CASUALTY INS. CO. OF TENNESSEE. Supreme Court of Florida. Division B. June 25, 1954. *404 Mizell & Carmichael, West Palm Beach, for appellant. Earnest, Lewis, Smith & Jones, West Palm Beach, for appellee. HOBSON, Justice. These cases were consolidated for trial in the circuit court and are likewise consolidated upon appeal. The suit against Combined Insurance Company of America is a common law action predicated upon...
75 So. 2d 778 (1954) Leonard VINCENT, Appellant, v. GENERAL MOTORS ACCEPTANCE CORPORATION, a corporation, Appellee. Supreme Court of Florida. Division A. November 19, 1954. Karkeet, Wilson & Rolfs, Miami, for appellant. *779 Boggs, Blalock & Holbrook and Dean Boggs, Jacksonville, for appellee. ROBERTS, Chief Justice. This is an appeal from a summary final decree entered by the lower court in a suit instituted by the appellee, General Motors Acceptance Corporation ("GMAC" hereafter), against the...
70 So. 2d 555 (1954) THOMPSON et al. v. THOMPSON et al. Supreme Court of Florida. Division A. February 19, 1954. Rehearing Denied March 15, 1954. *556 W.H. Wilson, Jr., and Joe E. Hodges, Lake City, for appellants. J.B. Hodges, Lake City, for appellees. MATHEWS, Justice. On the 5th day of May, 1926, the appellant, Frank E. Thompson, Sr., executed a deed to his wife purporting to convey a piece of property on which was located a homestead. On January 21, 1951, Maude W. Thompson, wife of the...
71 So. 2d 495 (1954) TATUM v. CITY OF HALLANDALE et al. Supreme Court of Florida. En Banc. March 19, 1954. *496 James W. Moore and Frank F. Cosgrove, Miami, for appellant. James M. Crum and McCune, Hiaasen & Kelley, Fort Lauderdale, for appellees. DREW, Justice. This is an appeal from a decree dismissing a complaint to enjoin enforcement of Ordinance No. 181 of the City of Hallandale, Florida, the pertinent sections of which ordinance read as follows: "Section 8. No person shall make any...
73 So. 2d 820 (1954) SUWANNEE VALLEY ELECTRIC COOPERATIVE, Inc. v. LIVE OAK, PERRY & GULF R. CO. Supreme Court of Florida. Division A. July 13, 1954. *821 Rogers, Towers & Bailey and Elmer Norton, Jacksonville, and Alfred T. Airth, Live Oak, for appellant. Marks, Gray, Yates & Conroy and Harry T. Gray, Jacksonville, and J.L. Blackwell, Live Oak, for appellee. TERRELL, Justice. The Live Oak, Perry and Gulf Railroad Company, hereinafter called the Railroad Company, operates a railroad between...
75 So. 2d 298 (1954) SURF PROPERTIES, Inc., Appellant, v. MARKOWITZ BROS., Inc., Appellee. Supreme Court of Florida. Division A. October 26, 1954. *299 Anderson & Nadeau, Miami, and Courshon & Courshon, Miami Beach, for appellant. Williams, Salomon & Katz, Miami, for appellee. ROBERTS, Chief Justice. This is an appeal from a final decree entered by the lower court in a suit to enforce a general contractor's lien for improvements allegedly made to defendant's leasehold estate, under the...
74 So. 2d 554 (1954) STUYVESANT CORP. et al. v. WATERHOUSE et al. Supreme Court of Florida. Division B. July 6, 1954. Rehearing Denied September 28, 1954. *555 Knight, Smith & Underwood, Miami, for appellants. Lawrence G. Lally and Thomas C. Britton, Miami, and Gerald J. Klein, Miami Beach, Britton & Hodges, Miami, and Rodney Durrance, Tallahassee, for appellees. DREW, Justice. This case arises under the Workmen's Compensation Laws, F.S.A. ยง 440.01 et seq. The claimant, Fred Waterhouse, was...
75 So. 2d 831 (1954) Richard F. STONER, et al., Petitioners, v. SOUTH PENINSULA ZONING COMMISSION, et al., Respondents. Supreme Court of Florida, Division A. November 16, 1954. Caldwell, Parker, Foster & Wigginton, Tallahassee, and Hull, Landis, Graham & French, DeLand, for petitioners. Brass & Strong, Daytona Beach, for South Peninsula Zoning Commission, Charles W. Luther, Daytona Beach, for Volusia County, Florida and Raymond & Wilson, Daytona Beach, for freeholder plaintiffs, for respondents....
