JOE TOMAZIN, JR., ET AL.,
v.
PETER GESSNER, ET AL., AS AND CONSTITUTING THE BOARD OF COUNTY COMMISSIONERS OF VOLUSIA COUNTY, FLORIDA, ET AL.

Fla. | 1943-09-21
BUFORD, C. J., TERRELL, CHAPMAN and ADAMS, JJ., concur.
153 Fla. 501 Florida Supreme Court (1943) Negative Treatment
Also reported at: 15 So.2d 191 · 15 So. 2d 175 · 1943 Fla. LEXIS 684
Cited by 167 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

This case is ruled by the judgment entered this day in the case of Frank R. Jordan, et al., v. Peter Gessner, et al., and on authority of our opinion and judgment in that case, certiorari is granted and the challenged order of' the circuit court is quashed.

So ordered.

BUFORD, C. J., TERRELL, CHAPMAN and ADAMS, JJ., concur.

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  • Cole v. Cole, 130 So. 2d 126 (Fla. 1st DCA 1961)
    …, 1927, 94 Fla. 347, 115 So. 669. A prime function of a petition for rehearing is to present to the trial court some point which it overlooked or failed to consider, which renders the decree inequitable and erroneous. Hollywood, Inc. v. Clark, 1943, 153 Fla. 501, 15 So. 2d 175. A petition for rehearing of a suit in equity is available for correction of error apparent on face of record. Braznell v. Braznell, 1939, 140 Fla. 192, 191 So. 457, and Hollywood, Inc. v. Clark, supra. The Supreme Court in the last-m…
  • Evelyn Amazon v. Davidson, 390 So. 2d 383 (Fla. 5th DCA 1980)
    …a petition for rehearing was filed after the judgment of foreclosure, but before the sale. The trial court denied the release, holding that appellant could not raise the question for the first time on rehearing. However, in Hollywood, Inc. v. Clark, 153 Fla. 501, 15 So. 2d 175 (1943), such a contention was rejected. Hollywood involved a suit to quiet title wherein plaintiffs sought to invalidate a deed which was recorded by defendants. The court entered judgment for plaintiffs. Defendants petitioned for reh…
  • Trueman Fertilizer Co. v. Allison, 81 So. 2d 734 (Fla. 1955)
    …person who should have paid the taxes. Prudential Ins. Co. of America v. Baylarian, 124 Fla. 259, 168 So. 7; Rives v. Anderson, 128 Fla. 794, 175 So. 897; Federal Land Bank of Columbia v. Brooks, 139 Fla. 506, 190 So. 737; Hollywood, Inc., v. Clark, 153 Fla. 501, 15 So. 2d 175; Annotations in 91 A.L.R. 389-393 and 106 A.L.R. 1212-1227. See also 50 Am.Jur., Subrogation, Sec. 40, and Annotation 78 A.L.R. 611 and 612. Section 41, Subrogation, 50 Am.Jur., also enlightens the questions and details the general ru…

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