STATE OF FLORIDA EX REL. MATTIE LEE ATKINS, APPELLANT,
v.
DAN J. ANDERSON, AS SUPERINTENDENT OF PUBLIC INSTRUCTION OF ESCAMBIA COUNTY, FLORIDA, AND L. D. MCARTHUR, O. J. SEMINES, SR., M. B. HOLMES, W. J. FARIS AND CARL E. JONES, AS MEMBERS OF THE BOARD OF PUBLIC INSTRUCTION OF ESCAMBIA COUNTY, AND THE BOARD OF PUBLIC INSTRUCTION OF ESCAMBIA COUNTY, FLORIDA, A BODY POLITIC AND CORPORATE, APPELLEES

Fla. | 1952-12-16
SEBRING, C. J., and THOMAS, MATHEWS and DREW, JJ., concur. -
62 So. 2d 43 Florida Supreme Court (1952) Caution
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The real question in this case is whether the lower court abused its discretion in refusing to allow relator to amend her writ to seek relief different from that sought in the original writ after the evidence had been adduced. We have carefully examined the record and do not find that the Chancellor abused his discretion in entering final judgment for the respondent. The final-decree of the lower court is therefore affirmed.

SEBRING, C. J., and THOMAS, MATHEWS and DREW, JJ., concur. -


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  • Rodriguez v. State, 297 So. 2d 15 (Fla. 1974)
    …tice. Jurisdiction vests in this Court pursuant to Art. V, § 3(b)(3), Fla.Const., F.S.A. on the basis of direct conflict between the opinion of the Second District Court of Appeal, reported at 284 So. 2d 1 (1973), and the cases of Borrego v. State, 62 So. 2d 43 (Fla.1952); White v. State, 47 So. 2d 863 (Fla.1950); and Hamelmann v. State, 113 So. 2d 394 (Fla.App.1st 1959). Petitioners were convicted of aiding and assisting in the conducting of a lottery. In the course of their trial, evidence obtained from…
  • Collins v. State, 143 So. 2d 700 (Fla. 2d DCA 1962)
    …n of Rig'hts of the Florida Constitution, F.S.A. is inalienable and must be protected at the risk that an individual criminal may go without punishment. De Lancy v. City of Miami, Fla.1950, 43 So. 2d 856, 14 A.L.R.2d 602; Borrego v. State, Fla.1952, 62 So. 2d 43. We agree with the conclusions of the trial court that when the police officers [*703] departed from the City of West Palm Beach they thereby left their jurisdiction; that they had no authority or power as police officers in the City of Riviera Bea…
  • Carter v. State, 199 So. 2d 324 (Fla. 2d DCA 1967)
    …nable and must be protected at the risk that an individual criminal may go without punishment.” Collins v. State, Fla.App. 1962, 143 So. 2d 700. See also DeLancy v. City of Miami, Fla.1950, 43 So. 2d 856, 14 A.L.R.2d 602; Borrego v. State, Fla.1952, 62 So. 2d 43. We revert now to the facts in the case sub judice to determine whether the officers as prudent men, at the time the [*332] arrest was made on the highway, had “probable cause” to make a valid arrest without a warrant; assuming of course that the o…

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