N. P. WEBBER, APPELLANT,
v.
T. R. HOWELL, APPELLEE
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The Florida Supreme Court reversed a lower court's decree based on a stipulation where the appellee confessed error and consented to the reversal. The court issued its mandate immediately.
The Supreme Court held that the Circuit Court's decree contained error, as confessed by the appellee. Consequently, the decree was reversed.
“wherein and whereby the parties appellee confess that there was error in the said decree of the Circuit Court, and in which stipulation the respective parties to this cause consent to and request a reversal of the said decree”
This quote establishes the basis for the court's decision: the appellee's confession of error and consent to reversal.
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Join FLexlaw to unlock all legal intelligenceThe case was submitted to the court on the record, briefs, and arguments. Crucially, the appellee filed a stipulation confessing error in the Circuit …
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Per Curiam.
This cause having been heretofore submitted to the court upon the transcript of the record of the decree aforesaid, and briefs and argument of counsel for the respective parties, and upon a stipulation filed in this .court signed by counsel for the respective parties wherein and whereby the parties appellee confess that there was error in the said decree of the Circuit Court, and in which stipulation the respective parties to this cause consent to and request a reversal of the said decree; it is thereupon considered, ordered and adjudged by the court that the said decree of the Circuit Court be, and the same is hereby, reversed; it is further ordered by the court that in conformity with the written request of the parties hereto, the Clerk of this court do issue the mandate in this cause instanter. All concur.