THE STATE OF FLORIDA, ON RELATION OF THE ATTORNEY GENERAL, JOINED BY NUMEROUS CO-RELATORS, RELATORS,
v.
CITY OF AVON PARK, A MUNICIPAL CORPORATION OF FLORIDA, RESPONDENT
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The Florida Supreme Court sustained the relators' demurrer to the respondent's answer, finding it legally insufficient. The court granted the respondent leave to file an amended answer.
The court held that the respondent's answer was insufficient. The demurrer to the answer was sustained.
“This cause coming on tos be heard upon the demurrer of the relators to the respondent’s answer, as [*641] well as demurrers to portions of the answer and motion to strike portions of the answer, it is the judgment of the Court that the demurrer to the respondent’s answer should be and the same is hereby sustained, upon the authority of the case of State ex rel. Davis, Attorney General, et al., v. City of Stuart, 97 Fla. 69, .120 So. 335.”
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Join FLexlaw to unlock all legal intelligenceThe relators filed a demurrer to the respondent's answer. The relators also filed demurrers to portions of the answer and a motion to strike portions …
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This cause coming on tos be heard upon the demurrer of the relators to the respondent’s answer, as *641well as demurrers to portions of the answer and motion to strike portions of the answer, it is the judgment of the Court that the demurrer to the respondent’s answer should be and the same is hereby sustained, upon the authority of the case of State ex rel. Davis, Attorney General, et al., v. City of Stuart, 97 Fla. 69, .120 So. 335. It is so ordered.
This ruling makes it unnecessary to pass upon said demurrers to portions of the answer and said motion to strike portions of the answer.
It is¡ further ordered that the respondent be given leave to file an amended answer within 20 days from this date.
Demurrer to answer sustained.
Buford, C. J., and Whitfield, Ellis, Terrell and Brown, J. J., concur.
Davis, J., disqualified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sparkman v. Carter, 43 Fla. Supp. 107 (Brevard Cty. Cir. Ct. 1975)…is applicable equally to civil cases. The words “equal before the law” imply a guaranty of the equal protec [*113] tion of the laws (ibid at page 30 citing State ex rel. Davis vs. Stuart, 120 So. 335; State ex rel. Atty. Gen. vs. City of Avon Park, 144 So. 306). And the constitutional right to the equal protection of the laws means that everyone is entitled to stand before the law on equal terms with others in a similar situation (ibid citing 26 So. 2d 788). Similarly, all parties litigant who are sui ju…
Authorities Cited
- State v. City of Stuart, 97 Fla. 69 (Fla. 1929)
- Ferdon v. Hendry Lumber Co., 97 Fla. 283 (Fla. 1929)