J. E. THRASHER, JR.,
v.
JACK BROWN, ET AL.

Fla. | 1934-06-09
Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.
115 Fla. 229 Florida Supreme Court (1934) Positive Treatment
Also reported at: 155 So. 317
Cited by 1 case

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Synopsis

The Florida Supreme Court reversed a lower court's decree in a tax deed foreclosure case due to unclear and indefinite evidence, remanding the case for further proceedings to ensure justice.


Holding

The court held that the evidence was too unclear and indefinite to support the lower court's decree, and therefore, justice would be best served by reversing the decree.


Key Quotes

“That the equities of said cause are with the defendants and that the defendants have paid the taxes on the property described in the bill of complaint for the years covered by the tax certificates, upon which certificates the tax deed is based.”

This quote represents the lower court's finding in favor of the defendants.

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Facts & Procedural History

The case involves a suit to foreclose the lien of a tax deed based on unpaid taxes for 1917. The defendants, claimants of the land, were made parties.…

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Opinion of the Court
Per Curiam.

Per Curiam.

This appeal is from a decree for the defendants in a suit to foreclose the lien of a tax deed wherein the claimants of the land were made parties defendant. Upon bill, answer and testimony taken by an examiner the court decreed:

“That the equities of said cause are with the defendants and that the defendants have paid the taxes on the property described in the bill of complaint for the years covered by the tax certificates, upon which certificates the tax deed is based,”

The tax deed was issued on a tax sale certificate for unpaid taxes for the year 1917.

There are averments in the answer respecting a double assessment of the land and the payment of taxes thereon; and there is some testimony to support the finding of the chancellor; but the evidence as shown by the transcript is so unclear and indefinite that justice would be best served *230by a reversal of the decree and a remand of the cause for appropriate proceedings.

It is so ordered.

Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.


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Citator

Cited By

  • Glazer v. Hoffman, 153 Fla. 809 (Fla. 1943)
    …ring him and his business into disrepute and showing financial losses and irreparable injuries unless re-, strained by a court of equity. McGhan v. McGhan, 115 Fla. 414, 155 So. 653, and Table Supply Stores v. Home Supply Stores, Inc., 115 Fla. 188, 155 So. 317, are cited and relied upon. In the case of Gottdiener v. Joe’s Restaurant, Inc., 111 Fla. 741, 149 So. 646, we held that the right to use one’s own personal name in a business is subject to established rules in [*816] regard to unfair competition.…

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