MARY BOYER, AN UNMARRIED WOMAN, FOR USE AND BENEFIT OF DELOS W. BOYER, A MINOR, BY HIS NEXT FRIEND, MARY BOYER, AN UNMARRIED WOMAN,
v.
DELOS W. BOYER
MARY BOYER, AN UNMARRIED WOMAN, FOR USE AND BENEFIT OF DELOS W. BOYER, A MINOR, BY HIS NEXT FRIEND, MARY BOYER, AN UNMARRIED WOMAN,
DELOS W. BOYER
132 Fla. 799
Florida Supreme Court (1938)
Positive Treatment
Also reported at: 182 So. 222
Cited by 9 cases
Opinion of the Court
We are advised that the- defendant in error departed this life on March 26th, 1938.
This is a personal action and, therefore, the legal representatives of the deceased should be substituted.
It is, therefore, ordered that Plaintiff in Error proceed to accomplish proper substitution of party ' defendant in error.
So ordered.
Whitfield, Terrell, Brown, Buford and Chapman, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Masterbilt Corp. v. S. A. Ryan Motors, Inc., 6 So. 2d 818 (Fla. 1942)…5, 189 So. 710. A mechanic or materialmen's lien is statutory and before a person may have such a lien, it is necessary that there be a substantial compliance with the several statutory provisions. See Southern Paint Mfg. Co. v. Crump, 132 Fla. 799, 182 So. 222; Browne v. Park, 144 Fla. 696,198 So. 462; Buker v. Webster, 140 Fla. 471, 191 So. 835; Hendry Lumber Co v. Bryant, 138 Fla. 485, 189 So. 710; Dodson v. Fla. Nursery Landscape Co., 138 Fla. 887, 190 So. 695. We fail to find error in the record and…
-
Shaw et ux. v. Del-Mar Cabinet Co., Inc., 63 So. 2d 264 (Fla. 1953)…rs and materialman, as well as the owner, and that the owner may not waive it without subjecting the final payment to being “improperly made” under the statute. The appellants strongly insist that the case of Southern Paint Mfg. Co., Inc. v. Crump, 132 Fla. 799, 182 So. 291, 292, is identical to this case and that to uphold the Chancellor below would in effect be an abrogation of the doctrine of stare decisis and “leave the state of the law in a great state of upheaval rendering decisions from the Supreme…
-
Buker v. Webster, 140 Fla. 471 (Fla. 1939)…hin the terms of the definition of laborer or of materialman as defined in the statute. The bill ol complaint fails to show that the complainant had complied with the terms of Sub-section 3 of Section 4, supra. In Southern Paint Mfg. Co. v. Crump, 132 Fla. 799, 182 Sou. 291, it was held: “A materialman’s lien is strictly statutory and before any person may have such lien the statutory provisions must be strictly complied with and before he can enforce such lien the claimant must allege and prove a strict…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence