State, Ex Rel. v. Sebring, (1935)
Court: Supreme Court of Florida
Number:
Visitors: 13
Judges: PER CURIAM. —
Attorneys: J. C. Adkins and Herbert S. Phillips, for Relators;
Hampton, Jordon Lazonby, for Respondent.
Filed: Jan. 01, 1935
Latest Update: Mar. 02, 2020
Summary: This case is before us on a suggestion and petition for writ of prohibition seeking to prohibit the Honorable H. L. Sebring, Judge of the Circuit Court of the Eighth Judicial Circuit of Florida, from exercising further jurisdiction in a certain partition suit wherein both the complainants and defendants had filed certain directions that the cause be dismissed; and it appearing that thereafter, and before order was made dismissing the cause, attorneys for the complainant filed a petition praying
Summary: This case is before us on a suggestion and petition for writ of prohibition seeking to prohibit the Honorable H. L. Sebring, Judge of the Circuit Court of the Eighth Judicial Circuit of Florida, from exercising further jurisdiction in a certain partition suit wherein both the complainants and defendants had filed certain directions that the cause be dismissed; and it appearing that thereafter, and before order was made dismissing the cause, attorneys for the complainant filed a petition praying a..
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I concur in discharging the rule but reserve opinion as to whether or not the Chancellor can, under any circumstances, charge the land interests of the dependents in the dismissed case, with any portion of the costs or attorney's fees which the complainant has occasioned by instituting and abandoning her suit. That question can be decided on appeal should the Chancellor attempt to charge the interests of the defendants for an attorney's fee from which it is claimed they have derived and can derive no benefits in the form of an adjudication by way of a decree of partition.
WHITFIELD, J., concurs.
Source: CourtListener
