TOWN OF BRADLEY, A MUNICIPAL CORPORATION, PLAINTIFF IN ERROR,
v.
J. H. KIRKLAND, ET AL., DEFENDANTS IN ERROR
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The Florida Supreme Court affirmed a lower court's decree ousting a municipality from exercising jurisdiction over certain lands. The court found substantial evidence supported the decree, adhering to its rule that such decrees should not be reversed when supported by evidence.
Yes, the evidence was sufficient to support the final decree. Therefore, the decree should not be reversed.
“We find in the record substantial evidence to support the decree and, therefore, under the oft-repeated rule enunciated by this Court, the decree of the chancellor should not be reversed.”
Establishes the court's reasoning for affirming the lower court's decision.
The case involved a municipality's claim of jurisdiction over specific lands. A prior appeal had been before the court. The current appeal concerned t…
The full statement of facts, procedural history, and disposition for this case are member content.
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This- case was heretofore before us and opinion was filed March 2, 1932. See 139 Sou. 144. It is now before us on final decree ousting the municipality from exercising jurisdiction and municipal powers over certain lands described in the petition.
The only question before us now for our consideration is whether or not the evidence was sufficient to constitute a basis for the final decree. We find in the record substantial evidence to support the decree and, therefore, under the oft-repeated rule enunciated by this Court, the decree of the chancellor should not be reversed. The law as apparently applied in this case by the chancellor has recently been enunciated by this Court in the opinion on the case of State ex rel. Davis, Town of Lake Placid, filed at this term of the Court. See 92 Fla. 863, 110 So. 460.
The decree should'be affirmed and it is s'o ordered.
Affirmed.
Whitfield, P. J., and BrowN and Buford, J. J., concur.
Davis, C. J., and Ellis and Terrell, J. J., concur in the opinion and judgment.
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Deeb v. State, 131 Fla. 362 (Fla. 1937)…iff in error was indicted by the grand jury of Escambia County, Florida, June 14, 1933, for murder in the first degree alleged to have been committed in Escambia County, Florida, April 19, 1933. Accused was allowed bail. Deeb v. Gandy, 110 Fla. 283, 148 So. 540. For further proceedings relative to the custody of the accused, see State, ex rel., Deeb, v. Fabisinski, Judge, 111 Fla. 454, 152 So. 207; State, ex rel. Deeb, v. Campbell, 123 Fla. 894, 167 So. 805. When the accused was brought into the Circuit C…
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State v. Campbell, 123 Fla. 894 (Fla. 1935)…Davis, J. Petitioner’s ward, George J. Deeb, was arrested and committed to the County Jail of Escambia County on the charge of murder and thereafter released on bond to await the action of the Grand Jury. See: Deeb v. Gandy, 110 Fla. 283, 148 Sou. Rep. 540. While at large on bail, and prior to the convening of the Escambia County Grand Jury, Deeb was haled before the County Judge of Leon County in statutory insanity proceedings (Sections 3654-3657 C. G. L., 2308-2311 R. G. S.), adjudged insane therein…
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State of Fla. ex rel. Mary Freeman v. Kelly, 86 So. 2d 166 (Fla. 1956)…nk there is a clear showing that appellant was guilty of the degree of homicide for which she was charged. State ex rel. Young v. Kelly, Fla., 66 So. 2d 252; State ex rel. Connor v. Sullivan, 160 Fla. 844, 36 So. 2d 828; Deeb v. Gandy, 110 Fla. 283, 148 So. 540; Russell v. State, 71 Fla. 236, 71 So. 27; Mayo v. State, Fla., 71 So. 2d 899. The last cited case is apposite because we there held that defendant’s version of the homicide can not be ignored where there is absence of other evidence legally suffic…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kirklands v. Town of Bradley, 104 Fla. 390 (Fla. 1932)