CITY OF HOLLYWOOD, ET AL.,
v.
STATE, EX REL. RALPH M. WINTERS

Fla. | 1936-07-29
Whitfield, C. J., and Terrell, Brown and Buford, J. J., concur., Ellis, P. J., not participating.
125 Fla. 99 Florida Supreme Court (1936)
Also reported at: 169 So. 588

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Synopsis

This Florida Supreme Court case was affirmed based on a stipulation that its legal issues were identical to a companion case, which had also been affirmed. The court's decision was based on the prior ruling and the parties' agreement.


Holding

Yes, the legal questions are identical, and the case should be decided on the same basis as the companion case, leading to an affirmation of the lower court's judgment.


Key Quotes

“In this case it was stipulated and agreed by counsel for plaintiffs in error and by counsel for defendant in error that the legal questions involved in the above styled cause are identical wtih those involved in that certain cause wherein the City of Fort Lauderdale, et al., are plaintiffs in error and State, ex rel. Elston Bank and Trust Company, etc., is defendant in error, which last mentioned case has- [*100] this day been decided by affirming the judgment rendered therein.”

Establishes the factual basis for the court's decision, highlighting the stipulation of identical legal issues to a companion case.

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Facts & Procedural History

The parties in this case stipulated that the legal questions were identical to those in a companion case, City of Fort Lauderdale v. State, ex rel. El…

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Opinion of the Court
Davis, J.

Davis, J.

— In this case it was stipulated and agreed by counsel for plaintiffs in error and by counsel for defendant in error that the legal questions involved in the above styled cause are identical wtih those involved in that certain cause wherein the City of Fort Lauderdale, et al., are plaintiffs in error and State, ex rel. Elston Bank and Trust Company, etc., is defendant in error, which last mentioned case has-*100this day been decided by affirming the judgment rendered therein. It has further been stipulated between the counsel aforesaid that this cause may be disposed of upon the basis of the briefs and argument submitted in the said Fort Lauderdale this day decided.

Therefore, in accordance with the stipulations of the parties filed herein and in consideration of the disposition of the companion case aforesaid, it is now considered, ordered and adjudged that the judgment of the Circuit Court appealed from in this case be and the same is hereby affirmed.

Affirmed.

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

Ellis, P. J., not participating.


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