CITY OF HOLLYWOOD, A MUNICIPAL CORPORATION, PLAINTIFF IN ERROR,
v.
STATE EX REL. DAVIS, ATTORNEY GENERAL, AND SALIDA INVESTMENT COMPANY, ET AL. DEFENDANTS IN ERROR

Fla. | 1941-04-08
Brown, C. J., Whitfield, Terrell, Buford, Chapman, Thomas and Adams, J. J., concur.
146 Fla. 560 Florida Supreme Court (1941)
Also reported at: 1 So. 2d 574

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Synopsis

The dissenting opinion argues that a plaintiff's declaration, alleging injury from defendant's negligence, should not have had its right to amend cut off by a sustained demurrer, as it sufficiently stated a cause of action.


Holding

The trial court erred in sustaining the demurrer without allowing the plaintiff to amend the declaration, as it sufficiently stated a cause of action.


Facts & Procedural History

The plaintiff sustained an injury, and their declaration alleged negligence on the part of the defendant. The trial court sustained the defendant's de…

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Opinion of the Court
Per Curiam.

Per Curiam.

This is a quo warranto proceeding to oust certain lands from the jurisdiction of the City of Dania and the City of Hollywood. The Court below granted the relief prayed for. The record and the briefs have been examined and each question raised carefully considered but we find nothing that has not been adjudicated by former opinions on the subject. The judgment appealed from was fair and just and is in all respects affirmed.

Affirmed.

Brown, C. J., Whitfield, Terrell, Buford, Chapman, Thomas and Adams, J. J., concur.


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