D. D. KOGER
v.
GEORGE L. HOLLAHAN

Fla. | 1940-11-19
Terrell, C. J., and Buford and Thomas, J. J., concur., Whitfield, J., concurs in opinion and judgment., Justices Brown and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
144 Fla. 787 Florida Supreme Court (1940) Positive Treatment
Also reported at: 198 So. 689
Cited by 4 cases
Opinion of the Court
Per Curiam.

Per Curiam.

This is a companion to the case, Ethel Koger, minor, by her next friend, D. D. Koger, v. George L. Hollahan, and is ruled by the law announced in that opinion. (See 198 So. 685, 144 Fla. 779.)

As directed in the other decision, the judgment of the lower court is reversed with leave to the plaintiff to apply to the court for permission to amend the declaration.

Terrell, C. J., and Buford and Thomas, J. J., concur.

Whitfield, J., concurs in opinion and judgment.

Justices Brown and Chapman 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

  • Itvenus, Inc. v. Poultry, Inc., 258 So. 2d 478 (Fla. 3d DCA 1972)
    …in Dade County, Florida, was omitted from a deed because of a scrivener’s error and we hold there was no error committed in reforming the deed to include the South 35 feet. See Jacobs v. Parodi, 50 Fla. 541, 39 So. 833 (1905); and Grover v. Grover, 144 Fla. 787, 198 So. 680 (1940). The final judgment found the purchasers (Udell) were not estopped from asserting set-offs against the assignee of the original mortgage. It is conceded that the assignees were not holders in due course as the mortgage contained…
  • Herrod v. Elwin P. Schimmelfing, 264 So. 2d 458 (Fla. 2d DCA 1972)
    …ld differ”, and is in fact merely “surplusage”. Cormier v. Williams, 1941, 148 Fla. 201, 4 So. 2d 525; Revell v. Carraway, supra; Martin v. Clum, Fla.App.1962, 142 So. 2d 149; Lockridge v. Dial, Fla.App.1968, 208 So. 2d 662; Koger v. Hollahan, 1940, 144 Fla. 787, 198 So. 685, 131 A.L.R. 886; Cobb v. Lawrence, 54 Cal.App.2d 630, 129 P. 2d 462; Bell v. Gray, Fla.App.1969, 220 So. 2d 446. The judgment of dismissal, in my opinion, should be— Affirmed.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw