UNITED STATES OF AMERICA
v.
MAY I. CASEY, AS ADMINISTRATRIX OF THE ESTATE OF LAWRENCE O. CASEY, DECEASED

Fla. | 1940-07-16
Terrell, C. J., Wi-iitfield, Brown, Chapman and Ti-iomas, J. J., concur.
143 Fla. 715 Florida Supreme Court (1940)
Also reported at: 197 So. 445

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.

Synopsis

The Florida Supreme Court reversed a lower court's decision affirming an order that declared a claim by the United States void. The reversal was based on the appellee confessing error, directing the lower courts to reconsider the claim's validity, particularly regarding jurisdiction.


Holding

The Florida Supreme Court held that the lower courts erred in declaring the United States' claim void. The Court reversed the Circuit Court's order and directed it to instruct the County Judge's Court to reverse its own order, specifically concerning the adjudication of the claim's validity beyond the issue of jurisdiction.


Key Quotes

“Appellee having confessed error in the decree appealed from and has entered her consent to the entry of an order reversing the decree of the Circuit Court with directions to said Circuit Court to reverse the order of the County Judge's Court”

This quote establishes the basis for the Court's decision, highlighting the appellee's confession of error and consent to reversal.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The United States, as appellant, appealed a decree that affirmed an order from the County Judge's Court. This order had declared the United States' cl…

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.


Opinion of the Court
Per Curiam.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of record of the decree therein and Appellee having confessed error in the *716decree appealed from and has entered her consent to the entry of an order reversing the decree of the Circuit Court with directions to said Circuit Court to reverse the order of the County Judge’s Court; it is therefore considered, ordered and decreed by the Court that the order of said Circuit Court dated February 17, 1940, affirming the order of the County Judge’s Court dated December 21, 1939, be and the same are hereby reversed and that the said Circuit Court in said reversal order direct the County Judge’s Court to reverse its said order in so far as the order of the County Judge’s Court goes beyond the question of the jurisdiction of the County Judge’s Court and purports to adjudge that the claim of the United States is void as a claim against the estate of Lawrence O. Casey, deceased, because of the failure of appellant to comply with Section 5541 (92 C. G. L.). United States of America v. Arlene Summerlin, as Ancillary Administratrix, etc., 60 Sup. Ct. 1019, 84 L. Ed. ......, opinion dated May 27, 1940, it is further ordered by the Court that the appellant do have and recover of and from the appellee its costs by it in this behalf expended, which costs are taxed in the sum of $12.00, all of which order is to be certified to the court below.

Reversed.

Terrell, C. J., Wi-iitfield, Brown, Chapman and Ti-iomas, J. J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw