Judges: TERRELL, J. —
Attorneys: Knight, Thompson Turner, for Appellant;
Mabry, Reaves White, for Appellee.
Filed: Mar. 17, 1932
Latest Update: Mar. 02, 2020
Summary: In September, 1927, Appellant filed its bill of complaint in the Circuit Court of Hillsborough County, Florida, praying for the reformation and correction of a deed of conveyance executed on the part of appellee to appellant June 21, 1907. A demurrer to the bill of complaint was sustained and appeal was taken from that order. It is contended by appellee that the deed and conveyance were gratuitous, that the city was without authority to make it in the first place, and that a court of equity will
Summary: In September, 1927, Appellant filed its bill of complaint in the Circuit Court of Hillsborough County, Florida, praying for the reformation and correction of a deed of conveyance executed on the part of appellee to appellant June 21, 1907. A demurrer to the bill of complaint was sustained and appeal was taken from that order. It is contended by appellee that the deed and conveyance were gratuitous, that the city was without authority to make it in the first place, and that a court of equity will ..
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On petition for rehearing our attention is directed to the fact that this appeal is from an order on a demurrer to the bill of complaint and that if said judgment is not sustained the defendant has its right to answer the bill and make an issue on the facts. It is suggested that notwithstanding this fact the main opinion of the Court uses language indicating that the cause was finally disposed of precluding the defendant from making any defense available to it.
We do not think the order of the Court susceptible of that interpretation nor was any language used in the opinion so intended. The order of reversal does not preclude the defendant from answering the bill and tendering such defense as it may have.
Other questions raised in the petition for rehearing were considered in connection with the main opinion.
Rehearing denied.
WHITFIELD, P.J., AND DAVIS, J., concur.
BUFORD, C.J., AND ELLIS AND BROWN, J.J., concur in the opinion and judgment.
