PEARL LANGFIELD, A WIDOW, APPELLANT,
v.
SAMUEL E. COZINE, SR., APPELLEE

Fla. | 1929-10-03
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.
98 Fla. 565 Florida Supreme Court (1929) Positive Treatment
Also reported at: 124 So. 14
Cited by 18 cases

Opinion of the Court
Per Curiam.

Per Curiam.

The motion to quash the appeal herein is granted on the authority of Randall v. Twitchell and Langfield, et al., v. Cozine, decided at this term.

Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.


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Citator

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  • Glass v. Layton, 140 Fla. 522 (Fla. 1937)
    …rders not specifically appealed from will not be considered by the appellate court.” Prall v. Prall, 58 Fla. 496 (H. N. 10), 50 So. 857, 26 L. R. A. (N. S.) 577. See also Morgan v. Howell, 74 Fla. 334, 76 So. 869; Bostwick v. Van Sant, 98 Fla. 565, 124 So. 14; City of Miami v. Miami Realty, Loan & Guaranty Co., 57 Fla. 366, 49 So. 55; Camp Phosphate Co. v. Anderson, 48 Fla. 226, 37 So. 722; 111 Am. St. Repts. 77; Wiggins v. Williams, 36 Fla. 637, 18 So. 859, 30 L. R. A. 754; City of Palmetto v. Katsch, 8…
  • …(1) admit, or (2) deny, or (3) explain the facts upon which the defendant relies, “unless the defendant is without knowledge, in which ease he shall SO' state, such statement operating as a denial.” This court, in the •case of Bostwick v. Van Sant, 98 Fla. 565, 124 So. 14, held that: “It is not sufficient merely to state that he ‘neither admits nor denies.’ He must, as to all material allegations either admit them, or, if he has no knowledge of the facts alleged, he may disclaim such knowledge and requir…
  • …re strict proof if he so desires. Where the facts are within the Defendant’s knowledge he must answer positively, and an evasive and qualifying answer is not sufficient. If he knows they are true he must admit them. Bostwick v. VanSant, 98 Fla. 565, 124 So. 14; Citizens Bank & Trust Co. v. Gray, 100 Fla. 958, 130 So. 274; McBride v. Worley, 66 Fla. 564, 64 So. 235; 1 Ency. Pl. & Pr. 875; Story’s Eq. Pl. (10th Ed.) Sec. 852, 21 C. J. 471. The portions of the answer stricken do not comply with these most e…

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