STATE EX REL. J. TOM WATSON, ATTORNEY GENERAL, PLAINTIFF,
v.
J. J. CLEMENTS, DEFENDANT
STATE EX REL. J. TOM WATSON, ATTORNEY GENERAL, PLAINTIFF,
J. J. CLEMENTS, DEFENDANT
146 Fla. 394
Florida Supreme Court (1941)
Positive Treatment
Also reported at: 1 So. 2d 186
Cited by 11 cases
Opinion of the Court
An information was filed in quo warranto to test the right of the defendant to exercise and perform *395the powers and prerogatives of chairman of the board of county commissioners in and for Calhoun County.
The writ prayed for is denied under the authority of Brewer v. Kellum, 58 Fla. 196, 50 So. 581.
Brown, C. J., Terrell, Buford, Chapman, Thomas and Adams, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evans v. Evans, 595 So. 2d 988 (Fla. 1st DCA 1992)…l2 in regard to his right to relitigate an issue which he had raised in a pleading and which could have been brought to the trial court’s attention. Cromwell. The doctrine of res judicata was similarly applied in Phillips v. Phillips, 146 Fla. 311, 1 So. 2d 186 (1941). In that case, a final decree dismissed a wife’s suit for divorce, based upon the husband’s answer that he had not abandoned the wife on a specific date without lawful excuse or justification and that a reconciliation had been effected betwee…
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Fazio v. Fazio, 66 So. 2d 297 (Fla. 1953)…s the burden is on the plaintiff to establish such residence by competent proof. Mills v. Mills, 153 Fla. 746, 15 So. 2d 763. Residence can never be assumed in divorce cases nor can it be established by agreement. Phillips v. Phillips, 146 Fla. 311, 1 So. 2d 186. Having determined that the complaint must be dismissed for the reasons stated, it is unnecessary for us to pass on the other questions presented. Reversed with directions to dismiss the complaint. Reversed. ROBERTS, C. J., and THOMAS and HOBSON…
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Hoffman v. Hoffman, 552 So. 2d 958 (Fla. 1st DCA 1989)…proof of residency for the statutory period preceding commencement of the action. Fazio v. Fazio, 66 So. 2d 297, 298 (Fla.1953). Such proof cannot be established by the complainant’s uncorroborated testimony. Phillips v. Phillips, 146 Fla. 311, 316, 1 So. 2d 186, 191 (1941). Furthermore, residency for section 61.021 purposes must be established by “clear and positive” evi [*960] dence, i.e., “clear and convincing” evidence. Beaucamp v. Beaucamp, 508 So. 2d 419, 421 (Fla. 2d DCA 1987) (citing Bloomfield v. C…
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- Brewer v. Medford R. Kellum, 58 Fla. 196 (Fla. 1909)