Judges: PER CURIAM.
Attorneys: Frank L. Butts, for Petitioner;
Roy S. Wood and Troy C. Davis, for Respondents.
Filed: Jul. 21, 1939
Latest Update: Mar. 02, 2020
Summary: This case is before us on certiorari directed to the judgment of the Circuit Court of Dade County dismissing writ of error to the Civil Court of Record of Dade County, which writ of error was sued out pursuant to a judgment entered on October 26th, 1936. The writ of error was sued out on April 23, 1937. *Page 805 The writ of error was dismissed in the circuit court because in its suing out the provisions of Section 3 of Chapter 15666, Acts of 1931, were not complied with in that the writ of erro
Summary: This case is before us on certiorari directed to the judgment of the Circuit Court of Dade County dismissing writ of error to the Civil Court of Record of Dade County, which writ of error was sued out pursuant to a judgment entered on October 26th, 1936. The writ of error was sued out on April 23, 1937. *Page 805 The writ of error was dismissed in the circuit court because in its suing out the provisions of Section 3 of Chapter 15666, Acts of 1931, were not complied with in that the writ of error..
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On petition for rehearing, we have deleted from the opinion the language: "We must hold that the order dismissing the writ of error was a nullity because that disposition of the case was participated in by only one of the judges of the circuit court having jurisdiction of the cause at a time when there were four circuit judges of such circuit court. But," — and now vacate our judgment of July 21 and adjudge that:
For the reasons stated, the writ of certiorari is quashed.
The clerk of this Court is directed to modify the original opinion and judgment as herein indicated and as thus modified the opinion and judgment shall stand.
So ordered.
TERRELL, C. J., and WHITFIELD, BUFORD and CHAPMAN, J. J., concur.
