A. F. DECHMAN AND W. W. HODGES, APPELLANTS,
v.
GEORGE S. HIGGINBOTHAM, APPELLEE

Fla. | 1931-06-20
Buford, C.J., and Whitfield, Terrell, Brown and Davis, J.J., concur., ElLis, J., dissents.
102 Fla. 92 Florida Supreme Court (1931) Caution
Also reported at: 136 So. 232
Cited by 8 cases

Opinion of the Court
Per Curiam.

Per Curiam.

— This cause having heretofore been submitted to the Court upon the transcript of the record of the Decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, 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 Decree; it is, therefore, considered, ordered and adjudged by the Court that the said Decree of the Circuit Court be, and the same is hereby affirmed.

Buford, C.J., and Whitfield, Terrell, Brown and Davis, J.J., concur.

ElLis, J., dissents.


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  • Shevin v. Pub. Serv. Comm'n, 333 So. 2d 9 (Fla. 1976)
    …5 (Fla.App.1st 1959); State ex rel. Robert L. Turchin, Inc. v. Herin, supra. Just as equitable remedies are unavailable when there is an adequate remedy at law, Egan v. City of Miami, 130 Fla. 465, 178 So. 132 (1938); City of Jacksonville v. Giller, 102 Fla. 92, 135 So. 549 (1931), so relief by mandamus is unavailable unless “no other adequate remedy exists.” State ex rel. Blatt v. Panelfab Int’l Corp., 314 So. 2d 196, 198 (Fla.App.3d 1975); Moneyhun v. Pur-dy, 258 So. 2d 505 (Fla.App.3d 1972). We proceed…
  • Knight v. The City of Miami, 127 Fla. 585 (Fla. 1937)
    …e order of demolition (save in and by a proceeding in equity). City of Orlando v. Pragg, 31 Fla. 111, 12 Sou. Rep. 368, 19 L. R. A. 196; 34 Am. St. Rep. 17; Stephenson v. National Bank, 92 Fla. 347, 109 Sou. Rep. 424; City of Jacksonville v. Giller, 102 Fla. 92, 135 Sou. Rep. 549; Morgan v. City of Lakeland, 90 Fla. 525, 107 Sou. Rep. 269; McMahon v. City of Telluride, 79 Colo. 281, 244 Pac. Rep. 1017; Rosenberg v. Sheen, 77 N. J. Eq. 476, 77 Atl. Rep. 1019; Crossman v. City of Galveston, 112 Tex. 303, 247…
  • City of Jacksonville v. Shaffer, 107 Fla. 363 (Fla. 1932)
    …ve mentioned plat. Therefore there was some equity in the bill in the present case, insofar as it sought to preserve the status quo, and the motion to dismiss was properly denied by the Chancellor on the authority of City of Jacksonville v. Giller, 102 Fla. 92, 135 Sou. Rep. 549. The ultimate rights and interests of the parties inter sese may be determined on the final hearing upon appropriate allegations in the pleadings with such supporting proofs as the issues made may require. Affirmed and remanded…

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