MATTHEW A. LEMISCH, PETITIONER,
v.
NORTH BAY ISLAND ASSOCIATION, INC., RESPONDENT

Fla. | 1957-02-13
TERRELL, C. J., and HOBSON, DREW and O’CONNELL, JJ., concur.
92 So. 2d 633 Florida Supreme Court (1957) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Certiorari is denied but without prejudice to the rights of the parties to this appeal to assert any questions raised in the petition for certiorari after final determination of this cause by the trial court, and without prejudice to either party to apply to the trial court for leave, to further amend their pleadings as they may be advised.

TERRELL, C. J., and HOBSON, DREW and O’CONNELL, JJ., concur.


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  • In re Est. of Daniel A. Cleary v. Cleary, 135 So. 2d 428 (Fla. 2d DCA 1961)
    …d for determining the requisite amount of a supersedeas bond on appeal from an order removing the personal representative of an estate. An examination of All Florida Surety Co. v. Coker, Fla.1955, 79 So. 2d 762 and In re Jaeckel’s Estate, Fla.1957, 92 So. 2d 633, cited by the appellant, reveals that these decisions are not in point on the question here involved. Likewise the Depository Act, Florida Statutes, Section 69.15(1), F.S.A., also cited, does not relate to super-sedeas and is not applicable. Althou…
  • …he filing of the record in the appellate court. This is so because, by appellate rule, the fixing of supersedeas has been vested in the discretion of the trial judge. See: F.A.R. 5.5, 31 F.S.A., which was interpreted in In re Jaeckel’s Estate, Fla., 92 So. 2d 633, 637, as reserving the power to grant or deny supersedeas in the trial court until the record on appeal lodges in the appellate court. This case clearly shows that Florida has made an exception to the general rule pertaining to the granting of super…
  • Carmichael v. Shelley Tractor & Equip. Co., 40 Fla. Supp. 154 (Palm Beach Cty. Cir. Ct. 1974)
    …dy been docketed in the appellate court, and the effect on the trial court’s jurisdiction is. virtually the same. See Barns, Paul and Mattis, Taylor, 17 University of Miami Law Review, 276, 289 (1963), reported at 31 FSA 231; In re Jaeckel's Estate, 92 So. 2d 633 (Sup. Ct., 1957).…

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