R. W. RANDELL
v.
CITY OF FORT MYERS, A MUNICIPAL CORPORATION, CHARLES E. CHANDLER, AS TAX COLLECTOR OF THE CITY OF FORT MYERS, AND THE ATLANTIC MUNICIPAL CORPORATION, A CORPORATION

Fla. | 1943-11-09
BUFORD, C. J., TERRELL, BROWN, CHAPMAN, ADAMS and SEBRING, JJ., concur., THOMAS J., dissents.
153 Fla. 665 Florida Supreme Court (1943) Positive Treatment
Also reported at: 15 So. 2d 445
Cited by 3 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

Judgment affirmed.

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

THOMAS J., dissents.

THOMAS, J.,

dissenting:

I think testimony should have been taken on the bill, and on the answer which the defendant had to present with the petition to vacate the decree pro confesso. In my opinion *666the answer could not be relied upon for the purpose of vacating the decree pro confesso and then be supplanted by a motion to dismiss. Evans v. Tucker, 101 Fla. 688, 135 So. 305, 85 A.L.R. 170.

Dissent
THOMAS, J.,

THOMAS, J.,

dissenting:

I think testimony should have been taken on the bill, and on the answer which the defendant had to present with the petition to vacate the decree pro confesso. In my opinion the answer could not be relied upon for the purpose of vacating the decree pro confesso and then be supplanted by a motion to dismiss. Evans v. Tucker, 101 Fla. 688, 135 So. 305, 85 A.L.R. 170.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Starchk v. Wittenberg, 411 So. 2d 1000 (Fla. 5th DCA 1982)
    …d to verify an information on sworn facts given him by a person with personal knowledge, such verification has been held sufficient when the prosecuting attorney is charging a criminal contempt of court. See, e.g., Ex parte Maniscalco, 153 Fla. 666, 15 So. 2d 445 (1943); Ex parte Crews, 127 Fla. 381, 173 So. 275 (1937); Vernell v. State ex rel. Gerstein, 212 So. 2d 11 (Fla. 3d DCA 1968); Diebert v. State, 199 So. 2d 288 (Fla. 3d DCA 1967). Appellee’s reliance on Baumgartner v. Joughin, 107 Fla. 858, 143 So.…
  • Vernell v. State of Fla. ex rel. Richard E. Gerstein, 212 So. 2d 11 (Fla. 3d DCA 1968)
    …2d 163) is sufficiently met by the filing of a sworn petition of an assistant state attorney setting forth facts upon the basis of which the rule to show cause is issued. Ex parte Crews, 127 Fla. 381, 173 So. 275; Ex parte Maniscalco, 153 Fla. 666, 15 So. 2d 445. The contention of appellant that he was entitled to have the matter heard before a jury is without merit. Rule 1.-840(a) (4) CrPR, 33 F.S.A., providing for trial by jury of issues of fact in indirect criminal contempt proceedings, became effective…
  • Dodd v. State, 110 So. 2d 22 (Fla. 3d DCA 1959)
    …Fla. 60, 6 So. 2d 638. See Wilson v. Joughin, 105 Fla. 345, 141 So. 178; Wilson v. Joughin, 105 Fla. 353, 141 So. 182; Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185; Cormack v. Coleman, 120 Fla. 1, 161 So. 844; Ex parte Maniscalco, 153 Fla. 666, 15 So. 2d 445; State ex rel. Franks v. Clark, Fla.1950, 46 So. 2d 488. However, in a petition for rehearing, the state pointed out that the common law rule has been superseded by a statute, § 38.22, Fla.Stat., F.S.A.2 We granted rehearing, and after reargument…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw