F. L. BATCHELDER, PLAINTIFF IN ERROR,
v.
FLORIDA INVESTMENT SERVICE, INC., DEFENDANT IN ERROR
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The Florida Supreme Court reversed a lower court's judgment, citing its decision in a prior, analogous case. The court found the issues raised in this appeal to be similar to those already decided, leading to the reversal.
Yes, the legal questions were analogous. Therefore, the judgment of the lower court is reversed on the authority of the prior case.
“we have examined the record and find that the questions raised are analogous to those raised in the case of Prestman vs. Batchelder, decided at this term; so the judgment of the lower court is reversed on authority of that case.”
This quote explains the court's reasoning for reversing the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceThe case was submitted to the Florida Supreme Court on a transcript of the record and briefs. The court examined the record and found that the legal q…
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This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein'and briefs and argument of counsel for the respective parties; we have examined the record and find that the questions raised are analogous to those raised in the case of Prestman vs. Batchelder, decided at this term; so the judgment of the lower court is reversed on authority of that case.
The record in this cause having been considered by the Court', and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below be, and the same is hereby, reversed for appropriate proceedings.
Buford, C.J. and Whitfield, Ellis, Terrell and Davis, J.J., concur.
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Waltham A. Condo. Ass'n v. Vill. Mgmt., Inc., 330 So. 2d 227 (Fla. 4th DCA 1976)…therefore the circuit court had no power to proceed with the determination of the cause on the merits having lost jurisdiction of it by the first appeal. That contention is unsound, as has many times been decided by this court. See Hartman v. Pool, 103 Fla. 858, 139 So. 589; Willey v. Hoggson, 89 Fla. 446, 105 So. 126; Moody v. Volusia County, 90 Fla. 864, 107 So. 185; Lucerne Properties, Inc., v. Hobbs, 98 Fla. 162, 123 So. 571. The jurisdiction of the Supreme Court is exclusive only as to the subject co…
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Crichlow v. Equitable Life Assurance Soc'y of the United States, 113 Fla. 668 (Fla. 1933)…therefore the Circuit Court had no power to proceed with the determination of the cause on the merits, having lost jurisdiction of it by the first appeal. That contention is unsound, as has many times been decided by this Court. See Hartman v. Pool, 103 Fla. 858, 139 South. Rep. 589; Willey v. Hoggson, 89 Fla. 446, 105 South. Rep. 126; Moody v. Volusia Co., 90 Fla. 864, 107 South. Rep. 185; Lucerne Properties, Inc., v. Hobbs, 98 Fla. 162, 123 South. Rep. 571. The jurisdiction of the Supreme Court is exclus…
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Clermont-Minneola Country Club, Inc. v. Loblaw, 106 Fla. 122 (Fla. 1932)…ciple of subrogation, where to do so would deprive a party of a legal right.” Marianna Nat. Farm Loan Assn. v. Braswell, 95 Fla. 510, 116 So. 639; Boley v. Daniel, 72 Fla. 121; 72 So. 644, L. R. A. 1917A, 734. In the recent case of Hartman v. Pool, 103 Fla. 858, 139 So. 589, this Court in passing upon a very similar issue to the one here involved held that: “A subsequent purchaser of mortgaged property, whether a married woman or not, who' assumes the payment of prior existing mortgages upon property that…
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