GEORGE CASSIMUS
v.
ELLRICH HOMES COMPANY, A CORPORATION
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The Florida Supreme Court reversed a lower court's decree awarding a mandatory injunction due to material discrepancies between the alleged facts, the court's findings, and the parties' understanding, which were not addressed by the Chancellor. The court also noted the potential necessity of making Escambia County a party defendant.
The court held that the decree awarding the mandatory injunction must be reversed. The court found that the discrepancies in the factual findings and the potential need to include Escambia County as a party warranted reversal.
“some of the material facts were different from those alleged in the bill of complaint and were also different from those found to exist in the final decree.”
Establishes the core factual issue leading to the reversal.
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Join FLexlaw to unlock all legal intelligenceThe case involved a dispute leading to a mandatory injunction. During the appeal, both parties acknowledged significant discrepancies between the fact…
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The appeal brings for review a decree awarding mandatory injunction.
It has been stated by counsel for each of the parties at the bar of this court, and the record before us so shows, that some of the material facts were different from those alleged in the bill of complaint and were also different from those found to exist in the final decree. Both counsel say that the discrepancies were not observed by either counsel until they were preparing the briefs on this appeal and were not brought to the attention of the Chancellor. '
*500The record also shows that the Chancellor declined to require Escambia County to be made a party defendant in the suit. We think Escambia County is probably not a necessary party but, as defendant relies on a lease from Escambia County as a defense to his right to hold a part, or parts, of the involved land, we think the county would be a proper-party-defendant so that it may be heard as to the validity, force and effect of its alleged lease if it be advised to defend the same.
For the reasons stated, the decree is reversed and the cause remanded to the court below with directions that it be returned to the rolls for such further action and proceedings, as may-properly follow.
So ordered.
THOMAS, C. J., ADAMS and BARNS, JJ., concur.