Judges: PER CURIAM. —
Attorneys: Hudson Cason, of Miami, for Petitioner;
Evans Mershon and Thos. McE. Johnston, of Miami, for Respondent.
Filed: Jan. 12, 1932
Latest Update: Mar. 02, 2020
Summary: This suit originated in the Civil Court of Record of Dade County. Final judgment was entered against petitioner, L. E. Edwards, and one William Thomas. Thereafter the case was taken by writ of error to the Circuit Court, where, on motion, there was an order of severance, leaving L. E. Edwards the sole plaintiff in error. The Circuit Court affirmed the judgment of the Civil Court of Record. Thereafter, upon petition of Edwards, a writ of certiorari was granted by this Court and the whole record i
Summary: This suit originated in the Civil Court of Record of Dade County. Final judgment was entered against petitioner, L. E. Edwards, and one William Thomas. Thereafter the case was taken by writ of error to the Circuit Court, where, on motion, there was an order of severance, leaving L. E. Edwards the sole plaintiff in error. The Circuit Court affirmed the judgment of the Civil Court of Record. Thereafter, upon petition of Edwards, a writ of certiorari was granted by this Court and the whole record is..
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A petition for rehearing having been granted herein and the cause having been again submitted to the Court upon the record and upon further briefs and oral argument submitted by counsel for the respective parties, we hold that the sufficiency of the plea tendered
and refused is not passed on in this proceeding on certiorari, as that is a question which should be first determined by the trial court. The holding here is that there was such an abuse of discretion in refusing to permit the plea to be considered, that the trial court departed from the essential requirements of the law, by reason of which the judgment of the Circuit Court affirming the trial court's judgment, should itself be quashed as not being according to the essential requirements of the law.
The Court being fully advised in the premises, it is ordered and adjudged by the Court that the Court do adhere to the opinion and judgment entered in this cause at the last term of this Court, pursuant to which the judgment of the Civil Court of Record for Dade County in this cause was ordered to be quashed.
BUFORD, C.J., AND WHITFIELD, TERRELL AND DAVIS, J.J., concur.
ELLIS AND BROWN, J.J., dissent.
