SIR SIRLOIN, INC., A FLORIDA CORPORATION, APPELLANT,
v.
PURE FOODS, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
SIR SIRLOIN, INC., A FLORIDA CORPORATION, APPELLANT,
PURE FOODS, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
66 So. 2d 593
Florida Supreme Court (1953)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The question presented upon this appeal is whether the complaint is wholly without equity. It is our view that although the complaint might have been more specific in its allegations, it does allege facts which justify a consideration of the suit upon its merits. Consequently, we reverse the order dismissing the complaint with directions to the Chancellor that after the issues are created by the filing of appropriate pleadings he shall hear the cause on its merits and enter a final decree in accordance with law in the light of his findings of facts.
Reversed with directions.
ROBERTS, C. J., and THOMAS, HOB-SON and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pure Foods, Inc. v. SIR Sirloin, Inc., 84 So. 2d 51 (Fla. 1955)…the decree with directions to hear testimony relevant to issues that might be formed by appropriate pleadings and to “enter a final decree in accordance with law in the light of his findings of' facts.” Sir Sirloin, Inc., v. Pure Foods, Inc., Fla., 66 So. 2d 593. The chancellor did as directed and it is on an appeál from his eventual decree that we again study the litigation. We go to the first record, used in the present appeal by order of this court, to get the averments the appellee represented that it…
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Peoples GAS Sys., Inc. v. City GAS Co., 167 So. 2d 577 (Fla. 3d DCA 1964)…g Florida Tel. Corp. v. Carter, 70 So. 2d 508 (Fla.1954). It is beyond the power of the Commission to amend (n. 11, citing Atlantic Coast Line R. Co. v. Mack, 57 So. 2d 447 (Fla.1952), and Diamond Cab Owners Asso. v. Florida R. & Public Util. Comm., 66 So. 2d 593 (Fla.1953) or change (N. 12, citing the Atlantic Coast Line R. Co. v. Mack, supra, the Diamond Cab Owners, supra, and Tel. Corp. v. Carter, supra) the law; its powers are restricted to those [*584] conferred by the express terms of the statute or wh…