CHAMBERS BROWN CLAPP, ET AL., APPELLANTS,
v.
CORAL GABLES CORPORATION, A FLORIDA CORPORATION, APPELLEE
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The Florida Supreme Court reversed a lower court's order that sustained a general demurrer to a bill of complaint, finding the complaint was not entirely without equity.
The Court held that the bill of complaint was not wholly without equity.
“the bill of complaint to which a general demurrer was sustained is not wholly without equity”
This quote states the core reason for the reversal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellants filed a bill of complaint, to which the appellee filed a general demurrer. The lower court sustained this demurrer. The appellants appealed…
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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 brief of counsel for the appellant, 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 the bill of complaint to which a general demurrer was sustained is not wholly without equity; it is, therefore, considered, ordered and decreed by the Court that the said order of the circuit court sustaining said demurrer be, and the same is hereby reversed,
Boone v. Gray, 84 Fla. 589, 94 So. R. 501; Wells v. Williams, 80 Fla. 498, 86 So. R. 336; F. E. C. Ry. Co. v. City of Miami, 80 Fla. 329, 86 So. R. 208; Langley v. Irons L. & D. Co., 94 Fla. 1010, 114 So. R. 769; Carlton v. Hilliard, 64 Fla. 228, 60 So. R. 220.
Reversed.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown And Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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The Century Tr. Co. of Baltimore v. The Allison Realty Co., 105 Fla. 456 (Fla. 1932)…s. L. & N. R. Co., 90 Fla. 334, 106 So. 126; Prest vs. Hammock, 92 Fla. 941, 111 So. 112; Oakland Properties Corp. vs. Hogan, 96 Fla. 52, 118 So. 850; Dittmar vs. Woods-Hoskins-Young Co., 98 Fla. 513; 123 So. 919; Clapp vs. Coral Gables Corporation, 98 Fla. 1230, 125 So. 369; Stokes vs. Victory Land Co., 99 Fla. 795, 128 So. 408; Orange Belt Land Exchange vs. Spear, 100 Fla. 182, 129 So. 779. This Court has also held that multifariousness is ground for demurrer whenever it plainly appears1 in a bill. Murre…
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Archibald v. Curry, 140 Fla. 189 (Fla. 1939)…relief. See Wright v. Barnard, 233 Fed. 329; Hyams v. Old Dominion Co., 204 Fed. 681; Wilson v. American Ice Co., 206 Fed. 736; Alexander v. Fidelity Trust Co., 215 Fed. 791; Destructor Co. v. Atlanta, 219 Fed. 996; and Clapp v. Coral Gables Corp., 98 Fla. 1230, 125 So. 369; Walker v. Close, 98 Fla. 1103, 125 So. 521 ; Stokes v. Victory Land Co., 99 Fla. 795, 128 So. 408. The bill is not wholly without equity and, therefore, the order should be affirmed. So ordered. Affirmed. Terrell, C. J., and Thomas…
Authorities Cited
- Langley v. Irons Land & Dev. Co., 94 Fla. 1010 (Fla. 1927)
- Jewell P. Wells v. Williams, 80 Fla. 498 (Fla. 1920)
- Reuben Carlton v. Hilliard, 64 Fla. 228 (Fla. 1912)
- Fla. E. Coast Ry. Co. v. City of Miami, 80 Fla. 329 (Fla. 1920)
- Boone v. Gay, 84 Fla. 589 (Fla. 1922)