STATE EX REL. FIRST TRUST & SAVINGS BANK, A FLORIDA CORPORATION, RELATOR,
v.
J. JULIEN SOUTHERLAND AND A. B. SMALL, AS JUDGE OF THE CIVIL COURT OF RECORD FOR DADE COUNTY, FLORIDA, RESPONDENTS
STATE EX REL. FIRST TRUST & SAVINGS BANK, A FLORIDA CORPORATION, RELATOR,
J. JULIEN SOUTHERLAND AND A. B. SMALL, AS JUDGE OF THE CIVIL COURT OF RECORD FOR DADE COUNTY, FLORIDA, RESPONDENTS
108 Fla. 433
Florida Supreme Court (1933)
Caution
Also reported at: 146 So. 567
Cited by 47 cases
Opinion of the Court
This is a companion to the foregoing case of the State of Florida ex rel. First Trust & Savings Bank, a Florida Corporation, v. J. Julien Southerland and A. B. Small, as Judge of the Civil Court of Record for Dade County, Florida, (146 So. 566) and is'ruled by the judgment *434in that case. Therefore, the demurrer to the petition is sustained and the rule to show cause heretofore issued is discharged.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
Brown, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (23 total)
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Angell M. White and Anna White v. Spears, 123 So. 2d 689 (Fla. 3d DCA 1960)…o the consideration of this petition that the petitioners have accepted the benefits of the order and therefore may not now object to it. Brooks v. Brooks, Fla.1958, 100 So. 2d 145; McMullen v. Fort Pierce Financing & Construction Co., 108 Fla. 492, 146 So. 567. Thus where an order sets aside a judgment by default, providing defendant pays all costs, an acceptance by plaintiff of such costs is an acquiescence in the order, and plaintiff waives his right to appeal from such order. San Bernardino County v. R…
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Behm v. Division OF Administration, 383 So. 2d 216 (Fla. 1980)…is conduct amounts to a release of errors.” Lovett v. City of Jacksonville Beach, 187 So. 2d 96, 101 (Fla. 1st DCA 1966). See Weatherford v. Weatherford, 91 So. 2d 179 (Fla.1956); McMullen v. Fort Pierce Financing and Construction Co., 108 Fla. 492, 146 So. 567 (Fla.1933).…
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Dance v. Tatum, 629 So. 2d 127 (Fla. 1993)…eptions to this stated rule: 1) where the relief denied is separate and sev-erable from the relief granted; or 2) where the appellant is entitled in any event to at least the amount received. McMullen v. Fort Pierce Fin. & Constr. Co., 108 Fla. 492, 146 So. 567 (1933). See also Kuharske v. Lake County Citrus Sales, 44 So. 2d 641 (Fla.1949); Brown v. Epstein, 208 So. 2d 836 (Fla. 4th DCA 1968). This case falls within the exceptions. The issue of an irrevocable license is separate and distinct from the issu…
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- State v. Southerland, 108 Fla. 434 (Fla. 1933)