HIGHWAY ENGINEERING & CONSTRUCTION COMPANY
v.
HILLSBOROUGH COUNTY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case, identical in substance to a companion case, was decided based on the precedent set in Gulf Life Insurance Company v. Hillsborough County. The court reversed the lower court's decision, applying the same reasoning and conditions as in the prior ruling.
The court held that the case should be disposed of on the authority of Gulf Life Insurance Company v. Hillsborough County, implying the bill of complaint was insufficient.
“The bill of complaint in this case, the statute involved, and the relief prayed for are in all material respects the same as we find exhibited in Gulf Life Insurance Company, a corporation, v. Hillsborough County, decided and filed this date.”
This quote establishes the factual and legal similarity between the current case and a prior, controlling case.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe complainant, the original holder of certificates, filed a bill of complaint against Hillsborough County. The statute involved and the relief sough…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The bill of complaint in this case, the statute involved, and the relief prayed for are in all material respects the same as we find exhibited in Gulf Life Insurance Company, a corporation, v. Hillsborough County, decided and filed this date. In the latter case the complainant was the assignee of the certificates brought in question while in this case the complainant was the original holder. The instant case is accordingly disposed of on authority of Gulf Life Insurance Company versus Hills-borough County.
The decision of this Court in C. E. Webb, and J. L. and W. L. Cone, Co-partners as Cone Brothers, for the Use and Benefit of C. E. Webb v. Hillsborough County, filed'this date, is also pertinent and should be read in connection with this case.
Reversed on authority of and under same conditions as Gulf Life Insurance Company, a corporation, v. Hillsborough County, supra.
*107Reversed.
Whitfield, C. J., and Buford, and Davis, J. J., concur.
Brown, J., dissents.
On Petition for Rehearing
The petition for rehearing in this cause has been examined including the arguments and briefs of counsel which are found to be in substantial accord with that filed in C. E. Webb, et al., v. Hillsborough County, reviewed and disposed of this date.
Our former judgment herein is accordingly affirmed on ■ authority of the last cited case.
Affirmed.
Ellis, C. J., and Buford, and Chapman, J. J., concur.
Brown, J., dissents.
On Petition for Rehearing
Terrell, J.
The petition for rehearing in this cause has been examined including the arguments and briefs of counsel which are found to be in substantial accord with that filed in C. E. Webb, et al., v. Hillsborough County, reviewed and disposed of this date.
Our former judgment herein is accordingly affirmed on authority of the last cited case.
Affirmed.
Ellis, C. J., and Buford, and Chapman, J. J., concur. Brown, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hillsborough Cnty. (Woodmont Avenue) v. Hwy. Eng'g & Constr. Co., 145 Fla. 83 (Fla. 1940)…ansferring this cause from the chancery to the common law court in obedience to the mandate of this Court, issued in the case of Highway Engineering and Construction Company, Inc., a corporation, appellant, v. Hillsborough County, Florida, appellee, 129 Fla. 106, 176 So. 76, which reversed the judgment of the court on authority of and under the same conditions set out in Gulf Life Insurance Company v. Hillsborough County, 129 Fla. 98, 176 So. 72, where appellant was given the privilege to “. . . reform or r…