SOUTHERN FRUIT DISTRIBUTORS, INCORPORATED, A CORPORATION, APPELLANT,
v.
C. J. CARLTON, ELLA L. SOUTHERLAND AND LUTHER HELM, APPELLEES
SOUTHERN FRUIT DISTRIBUTORS, INCORPORATED, A CORPORATION, APPELLANT,
C. J. CARLTON, ELLA L. SOUTHERLAND AND LUTHER HELM, APPELLEES
106 Fla. 103
Florida Supreme Court (1932)
Caution
Also reported at: 142 So. 882 · 142 So. 883
Cited by 23 cases
Opinion of the Court
cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen’and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree; it is, therefore, considered, ordered and adjudged by the Court that the said decree of the Circuit Court be, and the same is hereby affirmed.
Buford, C.J., and Whitfield, Ellis, Terrell, Brown and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cabot v. Clearwater Constr. Co., 89 So. 2d 662 (Fla. 1956)…- to. the date of the filing of the original complaint and that the statute of limitations, was no defense. - [*665] Although this court has not passed directly upon the point, our decision in State ex rel. First Trust & Savings Bank v. Southerland, 106 Fla. 103, 142 So. 883, is of some persuasive value. There the original complaint was against First Trust and Savings Bank, as Executor. After the filing of the complaint in the course of the proceeding the statute of limitations would have run against the cl…
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Argenbright v. J. M. Fields Co., 196 So. 2d 190 (Fla. 3d DCA 1967)…he statute of limitations do not exist, and we are of the opinion that a liberal rule should be applied.” We have examined the cases of Griffin v. Workman, Fla.1954, 73 So. 2d 844; State ex rel. First Trust & Sav. Bank v. Southerland, 106 Fla. 103, 142 So. 883 (1932); and I. Epstein & Bro. v. First National Bank, 92 Fla. 796, 110 So. 354 (1926), and believe that our conclusion is consistent with the rationales expressed therein. Accordingly, the order granting motions for judgment on the pleadings and fi…
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Lindsey v. H.H. Raulerson Junior Mem'l Hosp. & Trinidad Garcia, 505 So. 2d 577 (Fla. 4th DCA 1987)…ion of the relation back principle. An amendment to a timely filed pleading will relate back where a party is not correctly described. Cabot v. Clearwater Const. Co., 89 So. 2d 662 (Fla.1956); State ex rel. First Trust & Savings Bank v. Sutherland, 106 Fla. 103, 142 So. 883 (1932); Galuppi v. Viele, 232 So. 2d 408 (Fla. 4th DCA 1970). However, in this case there was no misnomer, rather a totally separate party was added. Here, the defendant was not named in the initial complaint by any description. Their…
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