STATE, EX REL. CARY D. LANDIS, ATT'Y GEN'L, ET AL.,
v.
S. H. KRESS & CO.
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The Florida Supreme Court appointed a special commissioner to take testimony and evidence in a case involving factual disputes, recognizing the need for local witnesses and efficient fact-finding. This procedural order aimed to gather evidence for the court's ultimate decision.
Yes, the court held that appointing a special commissioner was appropriate to take testimony and evidence on factual issues, especially when many witnesses reside in a particular county.
“it appearing to the Court that the above entitled cause is now at issue and that the issues raised by the pleadings present questions' of fact to be determined, that many, witnesses will probably be called to testify and that the majority of said witnesses reside in Hillsborough County, Florida.”
This quote establishes the factual predicate for the court's decision to appoint a commissioner.
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Join FLexlaw to unlock all legal intelligenceThe case was at issue, and the court determined that the pleadings raised questions of fact requiring the testimony of many witnesses, most of whom re…
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It appearing to the Court that the above entitled cause is now at issue and that the issues raised by the pleadings present questions' of fact to be determined, that many, witnesses will probably be called to testify and that the majority of said witnesses reside in Hillsborough County, Florida.
Therefore, upon the authority of the opinion and order in the case of State ex rel. Davis, as Attorney General, v. City of Avon Park, filed December 11, 1934, it is ordered by the Court that Circuit Judge Curtis L. Sparkman of Tampa, Florida, be and he is hereby appointed as the Commissioner of this Court in this cause and vested with authority to administer the usual oath to witness'es and to take such testimony and evidence as the resepctive parties to this cause may submit on the issues' of fact raised by the pleadings herein, such evidence to be taken as promptly as may be at such suitable place in the City of Tampa and at such time or times as the said Commissioner shall designate and give due notice thereof to the parties or their counsel of record, such testimony and evidence to be reported in full and returned to and filed in this court together with the findings of fact made by the Commissioner, as soon after the taking .of testimony as' is reasonably possible.
Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.
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Sneed v. Mayo, 66 So. 2d 865 (Fla. 1953)…ge, as a commissioner of this Court, to make findings and recommendations on the issues tendered by the pleadings. State ex rel. Shropshire v. Mayo, Fla., filed June 22, 1953. (‘Not to be reported). Compare State ex rel. Landis v. S. H. Kress & Co., 117 Fla. 791, 158 So. 456. This is the procedure that should be followed in the instant case. Accordingly, it is ordered that this cause be and the same is hereby referred to Honorable C. E. Chillingworth, one of the Judges of the Circuit Court for Palm Beach C…