GEORGE L. GRILEY, AS TRUSTEE,
v.
RUPERT L. RACKLEY, AS TRUSTEE, ETC., ET AL.
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This case involves a dispute over trust certificates and the powers and compensation of a trustee. The Florida Supreme Court affirmed the lower court's decision to overrule a motion to dismiss the bill of complaint, finding that the facts supported the use of a declaratory judgment.
No, the lower court did not err in overruling the motion to dismiss. The facts presented were sufficient to warrant a declaratory judgment.
“We have examined the record and the briefs and think the facts are such as bring it within the law authorizing declaratory judgments.”
Establishes the court's reasoning for affirming the lower court's decision to allow the case to proceed.
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Join FLexlaw to unlock all legal intelligenceThe appellant, George L. Griley, as Trustee, appealed a decree that overruled a motion to dismiss a bill of complaint. The bill of complaint sought a …
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For other phases of this litigation, see Griley v. Marion Mortgage Company, 132 Fla. 299, 182, So. 297. This appeal is from a decree overruling a motion to dismiss the bill of complaint seeking primarily a declaratory judgment determining the owners of certain trust certificates or bonds, setting up the powers of Rackley as trustee thereof and fixing such compensation as may be allowed him for services and attorneys’ fees in the execution of the trust.
We have examined the record and the briefs and think the facts are such as bring it within the law authorizing declaratory judgments. Sheldon v. Powell, 99 Fla. 782, 128 So. 858. It is not made to appear that error was committed in overruling the motion to dismiss. The judgment below is therefore affirmed.
Affirmed.
*830-Terrell, C. J., and Whitfield, Buford and Chapman, J. J., concur.
Brown, J., dissents.
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Citator
Cited By
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Fla. Power Corp. v. City OF Tallahassee, 154 Fla. 638 (Fla. 1944)…as been before the court on many occasions. See Sheldon v. Powell, 99 Fla. 782, 128 So. 258; Woodman v. Jones, 101 Fla. 177, 133 So. 620; Southern Food Stores, Inc. v. Palm Groceries, Inc., 134 Fla. 838, 184 So. 502; Griley v. Rackley, 135 Fla. 829, 185 So. 734; Mayfair Operating Corp. v. Bessemer Properties, Inc., 150 Fla. 132, 7 So. (2nd) 342; Lippman v. Shapiro, 151 Fla. 327, 9 So. (2nd) 636, and similar cases. Pursuant to the authorities cited, supra, the power company by bill in chancery applied to t…
Authorities Cited
- Sheldon v. Cora P. Powell, 99 Fla. 782 (Fla. 1930)
- Griley v. Marion Mortg. Co., 132 Fla. 299 (Fla. 1937)
- The Pine Sch. Ass'n v. Brewer, 99 Fla. 1336 (Fla. 1930)