THE CITY OF ARCADIA, A MUNICIPAL CORPORATION, INCORPORATED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF FLORIDA, AND PETE CRAFT, MARSHAL OF THE CITY OF ARCADIA, PLAINTIFFS IN ERROR,
v.
Z. N. PARKER, DEFENDANT IN ERROR
THE CITY OF ARCADIA, A MUNICIPAL CORPORATION, INCORPORATED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF FLORIDA, AND PETE CRAFT, MARSHAL OF THE CITY OF ARCADIA, PLAINTIFFS IN ERROR,
Z. N. PARKER, DEFENDANT IN ERROR
78 Fla. 394
Florida Supreme Court (1919)
Negative Treatment
Also reported at: 83 So. 286
Cited by 20 cases
Opinion of the Court
Per Curiam.
— This cause having been duly considered by the Court upon its merits, it is ordered and adjudged-that the judgment be and is hereby reversed on authority of Waller v. Osban, 60 Fla. 268, 52 South. Rep. 970, and the cause is remanded for further appropriate proceedings.
All concur.
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Sanford v. Rubin, 237 So. 2d 134 (Fla. 1970)…ded litigation involved the right of petitioners to retain their employment and receive compensation for the time of their suspension by virtue of an erroneous ruling of the Personnel Board. In Nelson et al. v. Selden Cypress Door Co., 78 Fla. 203, 83 So. 286 (1919), the fi [*138] nal judgment in a mechanic’s lien foreclosure suit included a 10 per cent attorneys’ fee. On petition for rehearing in the Appellate Court, it was claimed that under the law attorneys’ fees were not recoverable in suits to fore…
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State v. Carlton Rolle, 560 So. 2d 1154 (Fla. 1990)…could have concluded either that the state was relieved of proving a necessary element or that the burden of persuasion had been shifted to the defendant. Hence, it violated the defendant’s due process rights. Accord Dalswell v. State, 78 Fla. 394, 83 So. 286 (1919) (abrogating common law conclusive presumption that a boy less than fourteen years of age is incapable of committing rape); Dallas v. State, 76 Fla. 358, 79 So. 690 (1918) (in prosecution for statutory rape, the trial court improperly instruct…
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Sarmiento v. State, 371 So. 2d 1047 (Fla. 3d DCA 1979)…raised by the state either in its main brief or on oral argument in this cause and was in no way overlooked by this court. It cannot, therefore, be raised for the first time on a motion for rehearing. Nelson v. Selden Cypress Door Co., 78 Fla. 203, 83 So. 286 (1919); Cartee v. The Florida Department of Health & Rehabilitative Services, 354 So. 2d 81, 83 (Fla. 1st DCA 1977); Price Wise Buying Group v. Nuzum, 343 So. 2d 115, 117 (Fla. 1st DCA 1977). Moreover, our review of the record reveals that the tria…
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- Waller v. Osban, 60 Fla. 268 (Fla. 1910)