DAVID SHOLTZ, ET AL.,
v.
STATE, EX REL. GEORGE H. CRANE, JR.

Fla. | 1936-02-06
Ellis, P. J., and Terrell and Buford, J. J., concur., Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
122 Fla. 765 Florida Supreme Court (1936) Positive Treatment
Also reported at: 165 So. 926 · 166 So. 460 · 1936 Fla. LEXIS 913
Cited by 40 cases

Opinion of the Court
Per Curiam.

Per Curiam.

This is a companion case to the case of Sholtz, et al., Plaintiffs in Error, v. State of Florida, ex rel. Ben Hur Life Association, a Corporation, Defendant in Error, case No. 2185, opinion and judgment filed December 20, 1935.

The judgment in this case should be affirmed on authority of the opinion and judgment in that companion case.

It is so ordered.

Affirmed.

Ellis, P. J., and Terrell and Buford, J. J., concur.

Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.


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    …l damages go to establish some question of permanent right, or entitle plaintiff to costs, a new trial may be awarded for an erroneous failure to give nominal damages. 8 A. E. Encyl. of L., 2d ed., 360; Kirkland v. City of Gainesville, 122 Fla. 765, 166 So. 460. This case has been in the courts for almost four and one-half years. No doubt the parties have expended a considerable sum in the course of this litigation, preparing the case for trial and in having counsel attend to the many matters that necessa…
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