STATE
v.
GAY

Fla. | 1949-12-23
46 So.2d 169 Florida Supreme Court (1949) Negative Treatment
Also reported at: 46 So. 2d 169 · 1949 Fla. LEXIS 1209
Cited by 12 cases


Opinion of the Court
ROBERTS, Justice.

The motion for the peremptory writ notwithstanding the return is denied, and the cause dismissed, under the authority of State of Florida on the relation of United States Sugar Corporation v. Gay, Fla., 46 So. 2d 165.

ADAMS, C.J., and CHAPMAN and HOBSON, JJ., concur. TERRELL and THOMAS, JJ., dissent.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …such deficiencies.” Among the contrary decisions preceding the promulgation of this rule are Koch v. State Road Depart., Fla.1958, 106 So. 2d 426; Proctor v. Kennedy, Fla.1953, 64 So. 2d 667; Douglas-Guardian Wrhse. Corp. v. Ins. A.F.C., Fla. 1949, 46 So. 2d 169; Henderson v. Stevens, 157 Fla. 641, 26 So. 2d 656. . Vol. 3, p. 347, Barron & Holtzoff, Fed. Prac. & Proc., Sec. 1302.1. . United States v. Stromberg, 5th Cir., 1955, 227 F. 2d 903. Vol. 6A, Moore’s Federal Practice, Sec. 59.15. . Hulen v. Amer.…
  • Seaboard AIR Line R.R. Co. v. Holt, 80 So. 2d 354 (Fla. 1955)
    …to the Supreme Court of Florida as of this day.” Here again the notice was obviously defective. Counsel for appellee have directed our attention to the decision in Douglas-Guardian Warehouse Corp. v. [*358] Insurance Agents Finance Corp., Fla.1950, 46 So. 2d 169. The notice of appeal in that case showed clearly that the defendant attempted to take an appeal from an order which we have consistently held to be non-appealable, i. e., an order denying the defendant’s motion for a new trial. Our ruling in that c…
  • Robustiano Puga & Medmold, Inc. v. Suave Shoe Corp., 417 So. 2d 678 (Fla. 3d DCA 1981)
    …ing post-trial motions for new trial or rehearing as the sole order appealed from. Koch v. State Road Dept., 106 So. 2d 426 (Fla.1958); Proctor v. Kennedy, 64 So. 2d 567 (Fla.1953); Douglas-Guardian Warehouse Corp. v. Insurance Agents Finance Corp., 46 So. 2d 169 (Fla.1950); Hen [*684] derson v. Stevens, 157 Fla. 641, 26 So. 2d 656 (1946). These cases, however, have been expressly disapproved by the Florida Supreme Court and no longer represent good law. State ex rel. Poe v. Allen, 196 So. 2d 745, 746 (Fla.1…

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