Moore v. Wesley Garrison, Inc., (1938)
Court: Supreme Court of Florida
Number:
Visitors: 14
Judges: PER CURIAM.
Attorneys: Gramling Gramling, for Appellant;
Albert B. Bernstein, for Appellee.
Filed: Apr. 19, 1938
Latest Update: Mar. 02, 2020
Summary: The appeal in this case is from an order dismissing bill of complaint. The bill of complaint was filed for the purpose of cancelling a tax deed as an alleged cloud on complainant's title. The appellant complainant in the court below, acquired what is alleged in the bill of complaint to be the fee simple title to Lots 26 and 27, Block 362, Portion of Miami Shores Unit A, and claims his title under a deed recorded in Deed Book 1557 on page 167 of the Public Records of Dade County, Florida, wherein
Summary: The appeal in this case is from an order dismissing bill of complaint. The bill of complaint was filed for the purpose of cancelling a tax deed as an alleged cloud on complainant's title. The appellant complainant in the court below, acquired what is alleged in the bill of complaint to be the fee simple title to Lots 26 and 27, Block 362, Portion of Miami Shores Unit A, and claims his title under a deed recorded in Deed Book 1557 on page 167 of the Public Records of Dade County, Florida, wherein ..
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It seems to me that when all the allegations of the bill are considered, there was some equity in the bill and it should not have gone out in a general motion to dismiss. To my mind the effect of such dismissal is to deprive the appellant of property without due process of law. My view is that the order appealed from should be reversed and the cause remanded with leave to the lower court to entertain motion to amend and clarify the bill in some respects if such should be made. The bill as it stands is not entirely without equity.
ON REHEARING.
Source: CourtListener
