Williams v. Dunn, (1932)
Court: Supreme Court of Florida
Number:
Visitors: 2
Judges: ELLIS, J. —
Attorneys: Newcomb Barrs and E. P. Axtell, for Appellants;
Kay, Adams, Ragland Kurz, for Appellee.
Filed: Jul. 19, 1932
Latest Update: Mar. 02, 2020
Summary: After the appeal taken herein was quashed under the statute ( 141 So. 2d 190 ) a reargument on the merits was ordered and had. Where opposing counsel accepts due notice of final hearing of a chancery cause, the mere failure of the moving *Page 229 counsel to make entry in the order book that the case is "set down for a hearing," under Rule 86, will not render a decree erroneous, where counsel who accepted notice of the hearing appeared at the hearing and objected to the entry of a decree only be
Summary: After the appeal taken herein was quashed under the statute ( 141 So. 2d 190 ) a reargument on the merits was ordered and had. Where opposing counsel accepts due notice of final hearing of a chancery cause, the mere failure of the moving *Page 229 counsel to make entry in the order book that the case is "set down for a hearing," under Rule 86, will not render a decree erroneous, where counsel who accepted notice of the hearing appeared at the hearing and objected to the entry of a decree only bec..
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Upon reconsidering this case upon its merits I have arrived at the conclusion that there are presented questions which may not be resolved without due consideration of them. One of them being the sufficiency of the allegations as to the Receiver's obligation to pay solicitors fees and whether the evidence submitted supported such allegation if the latter should be held to be
sufficient. Therefore the appellants were entitled to the full benefit of Rules 85 and 86 of Rules of the Circuit Court in Equity actions and the case of Esch vs. Foster, 99 Fla. 717, 127 S.W. 336, is authority for the contention made by appellants although in this case testimony was taken while in the case cited the hearing proceeded on bill and answer. The rules however apply with equal force to each situation.
Source: CourtListener
