HEWALL INVESTMENT COMPANY, A CORPORATION, ET AL.,
v.
ROBERT SCOTT

Fla. | 1947-04-25
THOMAS, C. J., TERRELL, BUFORD and ADAMS, JJ., •concur., CHAPMAN and BARNS, JJ., dissent., CHAPMAN, J., concurs.
158 Fla. 795 Florida Supreme Court (1947) Positive Treatment
Also reported at: 30 So. 2d 625
Cited by 34 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

This decree is affirmed upon the authority of Webb v. Scott, 129 Fla. 111, 176 So. 442.

THOMAS, C. J., TERRELL, BUFORD and ADAMS, JJ., •concur.

CHAPMAN and BARNS, JJ., dissent.

BARNS, J.,

dissenting:

It appears that the final decree appealed should be reversed for like reasons as stated in the case of Thomas Howell Scott v. Robert Scott this day rendered but in this case the •evidence is not clear as to the extent of benefits to the property by reason of the improvements made for payment of which the assessment was made.

Wherefore the decree is reversed with directions to the 'Chancellor to determine same and to proceed not inconsistent with the opinion in the case of Thomas Howell Scott v. Robert Scott, (supra).

CHAPMAN, J., concurs.

Dissent
BARNS, J.,

BARNS, J.,

dissenting:

It appears that the final decree appealed should be reversed for like reasons as stated in the case of Thomas Howell Scott v. Robert Scott this day rendered but in this case the •evidence is not clear as to the extent of benefits to the property by reason of the improvements made for payment of which the assessment was made.

Wherefore the decree is reversed with directions to the 'Chancellor to determine same and to proceed not inconsistent with the opinion in the case of Thomas Howell Scott v. Robert Scott, (supra).

CHAPMAN, J., concurs.


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Citator

Cited By (32 total)

  • State v. Jones, 204 So. 2d 515 (Fla. 1967)
    …ls attention to remarks of the prosecutor which he considers prejudicial the court can excuse the jury, hear from both sides and forthwith take appropriate action if the remark in fact is found to be improper. See Rogers v. State, 158 Fla. 582, 790, 30 So. 2d 625. Prior to the Gideon case the good resulting from the application of the exception over-shadowed the evil, for trial judges, notwithstanding the absence of objection, were admonished to intervene, sua sponte, and declare a mistrial thus assuring [*…
  • H. I. Holding Co. v. Dade Cnty., 129 So. 2d 693 (Fla. 3d DCA 1961)
    …before a jury will not be considered grounds for mistrial, reversal or new trial unless they are highly prejudicial and inflammatory. Apalachicola Northern Railroad Company v. Tyus, Fla.App.1959, 114 So. 2d 33; Rogers et al. v. State, 158 Fla. 582, 30 So. 2d 625. It cannot be said that the remarks of counsel in this case were of such a nature and certainly any effect such remarks might have had upon the jury could have been cured by timely objection and an appropriate instruction to the jury. The lower cour…
  • Edelmira Chacon v. State, 102 So. 2d 578 (Fla. 1957)
    …ion, including the composite information obtained collectively by the-three officers making the raid, established thoroughly reasonable grounds for them to believe that Henry was part and parcel of the whole operation. Rogers v. State, 158 Fla. 582, 30 So. 2d 625. See 4 Am.Jur., Arrest, § 48, p. 32. The same applies to appellant McFadden. In his case there was the additional fact that he came by to pick up some “stuff” and when he entered the front door he was interrogated as to the person for whom he worked…

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