Judges: PER CURIAM:
Attorneys: Redfearn Ferrell, for Roe Wells, Jr., Nelle Wells, and Roe E, Wells, Mitchell D. Price, Zaring, Florence Barfield for Rena Rose Goodman, appellants.
Evans, Mershon Sawyer, Johnston Simmons, M.L. Mershon, G.C. Conner, James Kytle Williams and Chadbourne, Hunt, Jaeckel Brown (New York, N.Y.) for Olga Menn, individually and as Administratrix of the Estate of Paul L. Menn, Deceased, Hall Hendrick of Miami, Ausley, Collins Truett of Tallahassee for Elsie King Wilcox and her husband Frank Wilcox, on their cross assignments of error, Wilson Trammell, for John M. Ogden, co-executor, appellees.
Filed: Jul. 26, 1946
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 230 Roe E. Wells and Nelle Wells were married in October, 1920. Roe Wells, Jr., and two other sons were born to this union. Roe E. Wells and Nelle Wells were divorced in August, *Page 231 1937. There was a verbal property settlement, not a part of the divorce decree and not pertinent to this litigation. In July, 1939, after Roe E. Wells was married to Emily F
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 230 Roe E. Wells and Nelle Wells were married in October, 1920. Roe Wells, Jr., and two other sons were born to this union. Roe E. Wells and Nelle Wells were divorced in August, *Page 231 1937. There was a verbal property settlement, not a part of the divorce decree and not pertinent to this litigation. In July, 1939, after Roe E. Wells was married to Emily F...
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This cause comes on to be disposed of on petition for rehearing as to order of October 18, 1946, granting petition for rehearing as to Elsie King Wilcox, opinion filed July 26, 1946.
Briefs were permitted to be and were filed in support of and in opposition to said petition for rehearing. The case has again been reviewed and Mr. Chief Justice THOMAS, Mr. Justices BUFORD, CHAPMAN and Associate Justice FABISINSKI are of the view that the rehearing should be granted and our opinion of October 18th, quashed and the original opinion July 26th, reaffirmed and adhered to as promulgated. Mr. Justice TERRELL and Mr. Justice ADAMS are of the contrary view.
It follows that the rehearing is granted and our order of July 26, 1946 is reaffirmed and adhered to.
It is so ordered.
THOMAS, C. J., TERRELL, BUFORD, CHAPMAN, ADAMS, JJ., and FABISINSKI, Associate Justice, concur.
