O. W. BARTH
v.
CITY OF MIAMI
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The Florida Supreme Court affirmed a circuit court judgment, finding no error in its application of established legal principles regarding municipal liability, as previously articulated in several prior cases.
The Florida Supreme Court held that there was no error in the circuit court's judgment. The court found that the circuit court had correctly applied the principles of law previously enunciated by the Florida Supreme Court in similar cases.
“and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment”
This quote establishes the court's finding that the lower court's decision was correct.
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Join FLexlaw to unlock all legal intelligenceThe case involved a dispute where the plaintiff, O. W. Barth, brought an action against the City of Miami. The specific factual background leading to …
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This cause having heretofore been submitted to the Court upon the transcript of the record of the *693judgment herein, and briefs and argument of counsel for the respective parties, and each count of the second and third amended declarations having been "carefully considered in light of the principle of law enunciated by this Court in Kaufman v. City of Tallahassee, 84 Fla. 634, 94 So. 697, 30 A. L. R. 471; Maxwell v. City of Miami, 87 Fla. 107, 100 So. 147, 33 A. L. R. 682; City of West Palm Beach v. Grimmett, 102 Fla. 680, 137 So. 385; Swindal v. City of Jacksonville, 119 Fla. 338, 161 So. 383; and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the circuit court be, and the same is hereby affirmed.
Affirmed.
Whitfield, P. J., and Brown and Chapman, J. J., concur.
Ti-iomas, J., concurs in opinion and judgment.
Chief Justice Terrell and Justice Buford not participating as authorized by Section 4687, Compiled General ■Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barth v. City of Miami, 146 Fla. 542 (Fla. 1941)…On Rehearing (For former opinion, see 143 Fla. 692, 197 So. 498) Chapman, J. On November 18, 1938, plaintiff in error filed in the Circuit Court of Dade County, Florida, his third amended declaration alleging the negligent operation of a fire truck by defendant and consisting of two counts. A demu…
Authorities Cited
- Kaufman v. The City of Tallahassee, 84 Fla. 634 (Fla. 1922)
- Maxwell v. City of Miami, 87 Fla. 107 (Fla. 1924)
- City of W. Palm Beach v. Ola Grimmett, 102 Fla. 680 (Fla. 1931)
- Swindal v. City of Jacksonville, 119 Fla. 338 (Fla. 1935)