Judges: SHIELDS, circuit judge:
Attorneys: Erle B. Askew, Richard T. Earle, Jr. and Clair A. Davis, for appellants.
Dupree and Cone, Gibbons, Vega and Gibbons, Whitaker, Whitaker Terrell for appellees.
Filed: Oct. 05, 1945
Latest Update: Mar. 02, 2020
Summary: This proceeding grows out of the unsuccessful attempt of Mrs. Beatrice Newport to procure the probate of a will alleged to have been executed August 20, 1937, by Mrs. Letitia V. Graham, deceased. It is an appeal from a final decree and judgment made and entered by Honorable R.H. Rowe, Circuit Judge, acting as Judge pro hac vice of the Circuit Court of *Page 423 Hillsborough County, July 28, 1944, affirming a decree of Honorable Paul D. Barns, Circuit Judge, acting as Judge pro hac vice of the Co
Summary: This proceeding grows out of the unsuccessful attempt of Mrs. Beatrice Newport to procure the probate of a will alleged to have been executed August 20, 1937, by Mrs. Letitia V. Graham, deceased. It is an appeal from a final decree and judgment made and entered by Honorable R.H. Rowe, Circuit Judge, acting as Judge pro hac vice of the Circuit Court of *Page 423 Hillsborough County, July 28, 1944, affirming a decree of Honorable Paul D. Barns, Circuit Judge, acting as Judge pro hac vice of the Cou..
More
The above opinion of Judge Bayard B. Shields is a very strong and able opinion, but under the rule of "the law of the case," which as to the main point here involved, was, as I view it, settled by the majority opinion and decision of this
court in the case of Watts, et al., v. Newport, in re the administration of the estate of Letitia V. Graham, deceased,151 Fla. 209, 9 So. 2d 417, I must dissent. While under our former decision there might be some dispute as to the reasonableness of the amount of attorneys' fees to be allowed to the appellants, which matter was of course subject to adjudication, I think that under our former decision, above cited, appellants were and are entitled to reasonable compensation, and that the judgment appealed from should be reversed.
CHAPMAN, C. J., and BUFORD, J., concur.
