BELLE B. MERSHON, APPELLANT,
v.
C. J. BARNARD, JAMES GRIBBETT, ET AL., APPELLEES

Fla. | 1920-03-12
Browne, C. J., and Taylor, Whitfield, Ellis & West, J. J., concur.
79 Fla. 253 Florida Supreme Court (1920) Positive Treatment
Cited by 9 cases
Opinion of the Court
Per Curiam.

Per Curiam.

The record in this cause having been considered' by this Court, and the foregoing opinion-prepared under Chapter 7837, Acts of 1919, adopted by the court as its opinion, it is considered, ordered and adjudged by the Court that the decree herein be and the same is hereby affirmed.

Browne, C. J., and Taylor, Whitfield, Ellis & West, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Demos v. Walker, 99 Fla. 302 (Fla. 1930)
    …en the parties, there is no abuse of discretion if the court grants a motion by complainant to be allowed to dismiss her bill without prejudice to her right to relitigate the matter. Meffert v. Thomas, 51 Fla. 492, 40 So. R. 764; Merchon v. Varnard, 79 Fla. 253, 84 So. R. 95. We are inclined to think that there was error in the decree as rendered in this case. By finding the equities to be with the defendant, the court below suffers a plaintiff in execution to levy her writ on certain lands the legal titl…
  • Phillips v. Lindsay, 102 Fla. 935 (Fla. 1931)
    …llate court will not adjudge such ruling to be error, unless it is made clearly to appear that the • judicial discretion thereby exercised has been abused to the material detriment of the party affected by the ruling.” See also, Mershon vs. Barnard, 79 Fla. 253, 84 So. 95; Demos vs. Walker, 99 Fla. 302, 126 So. 305. . A court of equity, however, may not dismiss an equity cause without prejudice if the defendant has entitled himself to affirmative relief, or to a hearing and disposition of the case on the…
  • Citizens Bank & Tr. Co. v. Grey, 130 So. 274 (Fla. 1930)
    …decree on the pleadings it is error to dismiss the bill with prejudice. Under such conditions, the chancellor should dismiss without prejudice, or allow all proper amendments to pleadings and proceed with the taking of testimony. Mershon v. Barnard, 79 Fla. 253, 84 So. R. 95; Platt v. Miller, 72 Fla. 92, 72 So. R. 482; Besson Co. v. Goodman, 147 Fed.R. 887; Equity Rule No. 86. Reversed. *Page 965…

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