PETE SANDERS
v.
STATE OF FLORIDA
PETE SANDERS
STATE OF FLORIDA
157 Fla. 896
Florida Supreme Court (1946)
Caution
Also reported at: 27 So. 2d 415
Cited by 15 cases
Opinion of the Court
On the testimony in this case, the evidence of a taking with felonious intent was insufficient to sustain the verdict, and we are of the opinion that the court below erred in denying the motion for a new trial. For that reason the judgment and sentence is reversed.
Reversed and remanded.
CHAPMAN, C. J., BROWN, THOMAS and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Black v. Elliot L. Miller, 219 So. 2d 106 (Fla. 3d DCA 1969)…Cf. Lunnen v. Hunter, 348 Pa. 402, 35 A. 2d 292 (1944). Only those parties in possession or having the right to immediate or constructive possession are entitled to partition. See Pollack v. Pollack, 159 Fla. 224, 31 So. 2d 253 (1947); Weed v. Knox, 157 Fla. 896, 27 So. 2d 419 (1946); and Radford v. Radford, Fla.App.1960, 117 So. 2d 522; 24 Fla.Jur. Partition § 13. We find, under [*109] these facts, that there was no error in the denial of the prayer of Miller for partition of this property. Mrs. Black, by…
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Choctawhatchee Elec. Coop., Inc. v. Green, 132 So. 2d 556 (Fla. 1961)…x on property belonging to the United States, is untenable. The tax here involved is not a property tax. It is an excise tax. There is no attempt here to impose a tax on the United States. In Plymouth Citrus Growers Ass’n v. Lee, 1946, 157 Fla. 893, 27 So. 2d 415, 416, we were confronted with a situation very similar to that we have in [*559] this case. In the latter case a citizen of this state sought to avoid the imposition of the documentary stamp tax, claiming as petitioner does here, that the tax in rea…
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Lambert v. Lambert, 403 So. 2d 484 (Fla. 1st DCA 1981)…e court’s holding was that under the terms of the original decree, the wife had exclusive use of the home for the purpose of raising the parties’ minor children and, thus, the husband did not have the right to immediate possession. Cf. Weed v. Knox, 157 Fla. 896, 27 So. 2d 419 (1946). This holding, however, ignores the rule that a spouse’s right, as custodian of the children of the dissolved marriage, to exclusive possession of a marital home granted by a dissolution decree terminates upon that spouse’s rem…
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