HOLGATE ET AL., APPELLANTS,
v.
F. A. P. JONES, APPELLEE
HOLGATE ET AL., APPELLANTS,
F. A. P. JONES, APPELLEE
94 Fla. 203
Florida Supreme Court (1927)
Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.
This appeal is from a deficiency decree predicated upon a decree foreclosing a purchase money mortgage. As. the foundation decree has been this day reversed, the decree herein in reversed.
Ellis, C. J., and Whitfield, Terrell, Strum, Brown and Buford, J. J., concur.
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Citator
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Covington v. Seaboard Air Line Ry. Co., 99 Fla. 1102 (Fla. 1930)…al question [*1109] was whether the injury to the plaintiff was caused by the concurring negligence of the defendant and the plaintiff’s father, or was the negligence of the father the sole proximate cause of such injury. S. A. L. Ry. Co. v. Watson, 94 Fla. 203, 113 So. R. 716. The evidence so strongly preponderated to sustain the plea that the collision and injury was due solely to the negligence of the father that' this Court would not be authorized to hold the lower court in error in granting the motion…
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Fain v. Cartwright, 132 Fla. 855 (Fla. 1938)…hese two pleas because they were covered by the other pleas (as is acknowledged by Plaintiff in error in his reply brief, Page 3) and under this view the Defendant could have introduced evidence and proved these defenses. S. A. L. Ry. Co. v. Watson, 94 Fla. 203, 113 So. 716; Gainesville & G. R. Co. v. Peck, 55 Fla. 402, 46 So. 1019. An application for a continuance is addressed to the sound discretion of the trial court and its action thereon will not be disturbed by an Appellate Court unless a clear abus…