NAPOLEON B. BROWARD, APPELLANT,
v.
J. E. T. BOWDEN, HARRY MASON, JOSEPH H. VENDIG, LEWIS C. SIHLER, B. F. BLAKE, C. F. SMITH AND CHARLES W. RICHARDSON, PARTNERS DOING BUSINESS AS THE DUVAL ATHLETIC CLUB, APPELLEES
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In this 1897 case, the Florida Supreme Court addressed whether to review an injunction granted in an equity suit when the complainants had already filed a praecipe for dismissal of their bill. The Court found the appeal moot and remanded the case with directions to dissolve the injunction and dismiss the bill.
The Court held that the appeal was moot and useless because reversal of the injunction would provide no relief, and remanded the case with directions to dissolve the injunction and dismiss the bill in compliance with the complainants' praecipe.
“It is wholly unnecessary for this court to pass upon the merits or demerits of the injunction granted, since the only thing to be relieved against by the reversal sought here would be the injunction.”
Establishes that the Court need not address the substantive validity of the injunction where the underlying suit has been dismissed.
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Join FLexlaw to unlock all legal intelligenceOn January 24, 1894, the Circuit Court of Duval County granted an injunction against Napoleon Broward restraining him from entering the Fair Grounds i…
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Per Curiam:
On January 24, 1894, the Circuit Court of Duval county, iu a suit in equity brought by appellees'against appellant, granted an injunction restraining the appellant from entering upon the premises known as the Fair Grounds, in the city of Jacksonville, and from holding possession thereof, and from excluding appellees and any persons entering by their permission upon said premises, and from interfering with or disturbing a glove contest between J.
J. Corbett and Charles Mitchell, carried on and conducted in substantial conformity with certain articles of agreement signed by Corbett, Mitchell and Harry Mason for the Duval Athletic Club, attached as an exhibit to the bill, and from declaring his purpose of taking possession of said premises and interfering with the glove contest, arad from interfering'with or disturbing complainants ira the peaceable and quiet possession and enjoyment said premises until the further order of the court.
On January 29th, 1894, the complainants’ counsel filed in the clerk’s office the following praecipe tor •dismissal of their bill, viz; “Comes now the complainants * * * and dismiss the bill of complaint herein.” After the tiling of this praecipe for dismissal, ©a February 23d, 1894, the defendant Broward entered Ms appeal to this court from the order granting the injunction, and assigns as the only error the granting <o£ the injunction.
It is wholly unnecessary for this court to pass upon the merits or demerits of the injunction granted, since the only thing to be relieved against by the reversal sought here would be the injunction. The Circuit' Judge, had the complainants’ praecipe for dismissal of their bill been called to his attention, would certainly have dismissed the bill in accordance with the application therefor in the praecipe, which dismissal of the bill would have dissolved the injunction. There was no bond exacted or given upon the granting of the injunction, liability upon which could be fixed by a reversal of the injunction order. The appeal, therefore, being utterly useless under the circumstances (Matter of Manning, 139 N. Y. 446, 34 N.
E. Rep. 931; Lockwood vs. Wickes, 21 C.
C. A. 257, 75 Fed. Rep. 118; Mills vs. Green, 159 U. S. 651, 16 Sup. Ct. Rep. 132), the cause is remanded with directions to, the Circuit Judge to enter an order dissolving the injunctions and dismissing the bill in compliance with tí he complainants’ praecipe therefor, and directing the complainants below to pay the costs of the Circuit •Court. The costs of this appeal shall be paid by the appellant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Galvin v. Davidson, 48 Fla. 75 (Fla. 1904)…e said cause be, and the same is hereby, dismissed, at the cost of the plaintiffs in error. State ex rel. Vann v. Martin, 47 Fla. 223, 36 South. Rep. 362; State ex rel. Rowe v. Martin, 44 Fla. 175, 32 South. Rep. 926; Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners of Marion County, 27 Fla. 438, 8 South. Rep. 749. Shackleford, Cockrell, Hocker and Whitfield, JJ., concur. Carter, J., absent.…
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State v. Martin, 44 Fla. 175 (Fla. 1902)…ing which such license would have remained operative, if issued, has long since expired. It would, therefore, be fruitless to pass on the merits of the case on this writ of error, and it will, therefore, be dismissed. Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners of Marion County, 27 Fla. 438, 8 South. Rep. 849.…
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Hogan v. State of Fla. ex rel. G. W. Williams, 86 Fla. 361 (Fla. 1923)…e, the writ of error must be dismissed. Galvin v. Davidson, 48 Fla. 75, 37 South. Rep. 575; State ex rel. Vann v. Martin, 47 Fla. 223, 36 South. Rep. 362; State ex rel. Rowe v. Martin, 44 Fla. 175, 32 South. Rep. 926; Broward v. Duval Athletic Club, 39 Fla. 751, 23 South. Rep. 489; State ex rel. Vereen v. Commissioners Marion County, 27 Fla. 438, 8 South. Rep. 749. Dismissed. Whitfield, P. J., and Terrell, J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur im the opinion.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mills v. Green, 159 U.S. 651 (U.S. 1895)