ERNEST MERES, APPELLANT,
v.
CHRISTOS GIALLURAKIS AND COSMOS GIALLURAKIS, PARTNERS AS GIALLURAKIS BROTHERS, ET AL., APPELLEES
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The Florida Supreme Court partially reversed a lower court's order requiring a defendant to deposit additional interest, finding insufficient cause shown in the pleadings for that specific provision. The court affirmed the order in all other respects.
No, there was not sufficient cause shown in the pleadings to warrant the provision for depositing the interest. Therefore, that specific part of the order was reversed.
“there is not sufficient cause shown by the pleadings to warrant the provision contained in said order that the defendant Ernest Meres deposit with the Clerk of the Court, in addition to the sum of Eight Thousand Dollars, the interest at 8% on said sum from January 7, 1924”
This quote establishes the court's primary reason for reversing part of the lower court's order.
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Join FLexlaw to unlock all legal intelligenceThe case involved an order from the Circuit Court requiring the defendant, Ernest Meres, to deposit a sum of money, including interest, with the Clerk…
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Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the order 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 not sufficient cause shown by the pleadings to warrant the provision contained in said order that the defendant Ernest Meres deposit with the Clerk of the Court, in addition to the sum of Eight Thousand Dollars, the interest at 8% on said sum from January 7, 1924; it is, therefore, considered, ordered and adjudged by the Court that said order of the Circuit Court requiring the deposit of the interest aforesaid be and the same is hereby reversed. The item of interest may be disposed of on final hearing. That the order in all other respects be affirmed and that the costs of this appeal be taxed against the appellant.
Reversed in part.
Whitfield, P. J., and Terrell and Buford, J. J., concur;
Brown, C. J., and Ellis and Strum, J. J., concur in the opinion.