W. B. SHELBY CRICHLOW AND LILLIAN C. CRICHLOW, HIS WIFE, MARY B. ANDREW AND ALLEN B. ANDREW, APPELLANTS,
v.
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A CORPORATION, APPELLEE
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The Florida Supreme Court affirmed an order overruling a demurrer to a bill of complaint for mortgage foreclosure, denying a motion to dismiss the appeal and allowing defendants to plead to the bill.
The demurrer was without merit and properly overruled. The appeal was not taken in bad faith for delay and should not be dismissed.
“Upon consideration of these questions it is apparent that the demurrer was without merit and was properly overruled.”
Establishes the court's finding regarding the demurrer.
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Join FLexlaw to unlock all legal intelligenceAppellants appealed an order overruling their demurrer to a bill of complaint filed by the appellee to foreclose a mortgage. The appellee moved to dis…
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The appeal in this case is from an order overruling a demurrer to bill of complaint, the purpose of which bill was to foreclose a mortgage. There was a motion to dismiss the appeal for several reasons. To 'determine the merits of that ground of the motion which alleges,
“It is apparent' upon the face of the record that said appeal is taken against good faith and merely for delay, contrary to the provisions of section 2920 Revised General Statutes of Florida”,
it is necessary for us to consider the bill of complaint and the questions raised by the demurrer. Upon consideration *960of these questions it is apparent that the demurrer was without merit and was properly overruled.
The motion to dismiss is denied and the order from which the appeal is taken is affirmed, with leave to the chancellor to amend said order so as to allow the defendants in the court below to plead to or answer the complainant's bill within such reasonable time as the chancellor may fix.
Buford, C.J., and Ellis and Brown, J.J., concur.
Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment'.
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Crichlow v. Equitable Life Assurance Soc'y of the United States, 113 Fla. 668 (Fla. 1933)…ved on the same day. The first appeal was returnable August 24, 1931, the second March 2, 1932. This Court affirmed the order from which the first ap-' peal was taken on December 21, 1931. See Ciichlow v. Equitable Life Assur. So. of United States, 103 Fla. 959, 138 Sou. Rep. 481. The point in the second appeal is that the first appeal transferred to the Supreme Court jurisdiction of the cause and therefore the Circuit Court had no power to proceed with the determination of the cause on the merits, having…
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Crichlow v. The Equitable Life Assurance Soc'y of the United States, 131 Fla. 752 (Fla. 1938)…er to the bill of complaint and upon hearing the lower court entered an order overruling the same. From the order overruling the demurrer an appeal was taken to this Court when the ruling of the lower court was affirmed. The decision was reported in 103 Fla. 959, 138 Sou. Rep. 481. On November 2, 1931, a final decree in behalf of plaintiff was made and entered by the lower court and the defend [*754] ants appealed therefrom to this Court when the appeal was dismissed. It was reported in 105 Fla. 640, 142 S…
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McCLAIN v. Fla. Parole & Prob. Comm'n, 416 So. 2d 1209 (Fla. 1st DCA 1982)…In the instant appeal, however, the record has not been filed; appellee has instead attached exhibits to its motions to dismiss. Therefore, the motion to dismiss is denied.4 See Crichlow v. Equitable Life Assur. Soc. of United States, 138 So. 481, 103 Fla. 959 (1931). However, we find from examination of appellant’s brief and appel-lee’s exhibits that the issues raised by appellant are res judicata because they are identical to the issues raised by appellant and considered by the Commission at appellant’s…