ROBBINS ROOFING & SHEET METAL CO., A FLORIDA CORP.,
v.
CLAYTON W. NICHOLS AS EXECUTOR FOR THE ESTATE OF EDWARD R. JONES, DECEASED
ROBBINS ROOFING & SHEET METAL CO., A FLORIDA CORP.,
CLAYTON W. NICHOLS AS EXECUTOR FOR THE ESTATE OF EDWARD R. JONES, DECEASED
115 Fla. 161
Florida Supreme Court (1934)
Positive Treatment
Also reported at: 155 So. 96
Cited by 6 cases
Opinion of the Court
This case is before us on appeal from an order striking the amended eleventh paragraph of answer to a bill of complaint filed to foreclose a mortgage on real estate.
The stricken paragraph of the answer fails to allege sufficient facts to constitute a defense to the foreclosure and it likewise fails to allege sufficient facts to constitute a basis *162for affirmative relief in behalf of the defendant in such foreclosure suit.
Therefore, the' order appealed from should be affirmed and it is so ordered.
Affirmed.
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burgwin v. Bertie Gennett Parses Stewart, Jr., 132 Fla. 899 (Fla. 1938)…hereinbefore mentioned, all of which shall be certified to the said . Circuit Court, together with the mandate of this court herein. This order is entered on authority of the-opinion in the case of Adams, et al., v. Galloway, et al., 115 Fla. 166, 155 So. 96. Wi-iitfield, Brown, Buford and Chapman, J. J., concur.…
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Schlitz v. Schlitz, 138 So. 2d 806 (Fla. 3d DCA 1962)…formity with and carrying into effect the terms and conditions of the stipulation hereinbefore mentioned, all of which shall be certified to the said Circuit Court, together with the mandate of this court herein. See Adams v. Galloway, 115 Fla. 166, 155 So. 96. Remanded with directions.…
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Eagle Forum v. State, 121 So. 3d 49 (Fla. 1st DCA 2013)…law took an entirely different approach by routinely ordering that trial court orders be vacated on appeal pursuant to the parties’ stipulations. See Burgwin v. Stewart, 132 Fla. 899, 182 So. 297 [*50] (1938) (citing Adams v. Galloway, 115 Fla. 166, 155 So. 96, 96 (1934)); Adams, 155 So. at 96. The accepted protocol was to adopt the parties’ stipulation and order that the “decrees and orders ... appealed from” be “severally vacated” as well as require the trial court to enter a final decree that conformed…