CITY OF CORAL GABLES, A MUNICIPAL CORPORATION OF FLORIDA,
v.
STATE EX REL. GIBBS, D. C. DRAWDY, ET UX., CO-RELATORS; CITY OF CORAL GABLES, A MUNICIPAL CORPORATION OF FLORIDA, V. STATE EX REL. GIBBS, J. A. BECHARD, ET UX., CO-RELATORS
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The Florida Supreme Court reversed judgments against the relators in two consolidated cases, finding that the respondents' answer was substantiated by proof and the relators failed to meet their burden of proof. The court directed the discharge of the writs.
The court held that the proof substantiated the essential allegations of the respondents' answer and that the relators did not meet the burden of proof cast upon them by the denials in the answer.
“It is our view that the proof substantiated the essential allegations of the respondent's answer and that the relators did not meet the burden cast upon them by the denials it contained.”
This quote establishes the court's finding regarding the sufficiency of the respondents' proof and the relators' failure to meet their burden.
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Join FLexlaw to unlock all legal intelligenceTwo cases involving the City of Coral Gables were consolidated. The matter had previously been before the court on an appeal from a judgment on the pl…
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Two cases with the above titles were consolidated by stipulation and may be treated as one here.
The record has been carefully examined in the light of the opinion we rendered when the matter came before us on an *101appeal from a judgment on the pleadings, City of Coral Gables v. State, 148 Fla. 671, 5 So. (2nd) 241.
It is our view that the proof substantiated the essential allegations of the respondent’s answer and that the relators did not meet the burden cast upon them by the denials it contained.
Inasmuch as it does not appear necessary to discuss any point of law not determined in the cited case it is our order that the judgments entered in these two cases by the circuit judge be and they are hereby reversed with directions to discharge the writs at the cost of the relators.
BROWN, C. J., WHITFIELD, TERRELL, THOMAS and ADAMS, JJ., concur.
BUFORD, and CHAPMAN, JJ., dissent.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City of Coral Gables v. State, 148 Fla. 671 (Fla. 1941)