Richart v. Roper, (1946)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: TERRELL, J.:
Attorneys: G.P. Garrett, Bart A. Riley and J. Lewis Hall, for petitioner.
Akerman, Dial Akerman, for respondent.
Filed: Jan. 22, 1946
Latest Update: Mar. 02, 2020
Summary: Appellees brought an action to oust appellant as their tenant from a store building at Winter Garden, Florida. Chapter 83 , Florida Statutes 1941. In his answer to the petition appellant offered as his defense an agreement for lease executed by appellee, Roper. Also, a letter from Roper to appellant increasing the rent to $90.00 per month under *Page 823 named conditions. The answer also contained a plea on equitable grounds. A jury was waived and trial was held before the county judge, resultin
Summary: Appellees brought an action to oust appellant as their tenant from a store building at Winter Garden, Florida. Chapter 83 , Florida Statutes 1941. In his answer to the petition appellant offered as his defense an agreement for lease executed by appellee, Roper. Also, a letter from Roper to appellant increasing the rent to $90.00 per month under *Page 823 named conditions. The answer also contained a plea on equitable grounds. A jury was waived and trial was held before the county judge, resulting..
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I concur in the holding that the case in the Circuit Court was a collateral attack on a judgment which I think could have been rendered without considering the question as to an estate by the entireties. I do not think it necessary to discuss the latter question, or the authority of the husband to lease the property.
I concur in the judgment.
Source: CourtListener