ALBERT S. LAFLIN, HESTER N. LAFLIN, CHARLES A. MURPHEY AND MOLLIE S. LAFLIN, APPELLANTS,
v.
EDUARDO H. GATO, APPELLEE
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The Florida Supreme Court reversed a final decree in an equity case, holding that the trial court violated fundamental procedural rules by entering judgment without requiring replications to the defendant's answers, appointing an examiner before issue was joined, and entering a final decree before the statutory time periods for evidence and exceptions had expired.
The court held that the trial court violated established procedural rules by failing to require replications to the answers, appointing an examiner before issue was joined, and entering a final decree before the statutory time periods had expired. Additionally, the court rejected the complainant's claim for interest beyond the date of the decree, finding no legal authority for such an award.
“There should have been replications to the answers, and then the cause should have been conducted in the orderly way provided by law and the rules of practice.”
Establishes that equity procedure requires replications to answers and adherence to prescribed procedural rules
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Join FLexlaw to unlock all legal intelligenceThe complainant (Laflin et al.) filed an equity bill against the defendant (Gato). The defendant filed answers to the bill, but no exceptions were tak…
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Hocker, J.,
(after stating the facts.) There are six assignments of error. Among them: 1st. That the final decree of July 21st, 1904, was erroneous; 3rd. That said decree was entered before the expiration of the time allowed for taking testimony; 4th. That said decree was entered before the expiration of the time (30 days) allowed to defendants for excepting to the Examiner’s report; 5th. The court erred in rendering its final decree before replication or issue joined; 6th. The court erred in appointing an examiner before issue was joined.
There were no exceptions to the answers, and under the rule laid down in Robbins v. Hanbury, 37 Fla. 468, text 469, 472, 19 South. Rep. 886, they were sufficient to put the complainant upon proof of the allegations of his bill. See Rule 62 of Equity Rules in Circuit Court, and section 1417 Revised Statutes of 1892. There should have been replications to the answers, and then the cause should have been conducted in the orderly way provided by law and the rules of practice. The respondents should have had opportunity for presenting their evidence if any they had, during the time provided by the rules, vis: three months. See also case of Parkin v. Safford et al. 37 South. Rep. 567—4th, 5th and 6th head notes.
In the case of Adams v. Fry, 29 Fla. 318, 10 South. Rep. 559, this could held “in a cause not under a default a chancellor, after adjudicating the equities between the parties, refers it to a master for his report on matters specified in the reference, the proceedings before him are regulated and controlled by the rules of practice prescribed in such matters.” This is quoted and applied in Ballard v. Lippman, 32 Fla. 481, text 490, 14 South. Rep. 154. We think also that there is no tenable ground for the proposition that the complainant was entitled to have interest as a part of this debt beyond the date of the decree. The appellee has not favored us with a brief in this case, and we are unadvised of any authority for such a proposition.
The final decree is reversed and the cause remanded for further proceedings in accordance with law and the rules of practice.
Taylor and Parkhill, JJ., concur. Shackleford, C. J., Cockrell and Whitfield, JJ., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Laflin v. Gato, 52 Fla. 529 (Fla. 1906)…ntion to these grave irregularities. There was an interval of more than a year between the filing of the answer and the request to withdraw, the delay being explained in part perhaps by the pendancy of the former appeal in the court (Laflin v. Gato, 50 Fla. 558, 39 South. Rep. 59) and if it were a matter purely of discretion as to whether or not an amendment should be allowed, we might hesitate to interfere; but it seems to us the defects in the bill were so sei’ious in matter of substance as that the cour…
Authorities Cited
- Adams v. Fry, 29 Fla. 318 (Fla. 1892)
- Ballard v. Lippman Bros., 32 Fla. 481 (Fla. 1893)
- Robbins v. Hanbury, 37 Fla. 468 (Fla. 1896)