LEO STALNAKER, PLAINTIFF IN ERROR,
v.
STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1931-07-29
Buford, C.J., and Whitfield, Ellis and Terrell, J.J., concur., Brown and Davis, J.J., dissent., Davis, J., concurs.
102 Fla. 638 Florida Supreme Court (1931) Positive Treatment
Also reported at: 136 So. 318
Cited by 4 cases

Opinion of the Court
Per Curiam.

Per Curiam.

— This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.

Buford, C.J., and Whitfield, Ellis and Terrell, J.J., concur.

*639Brown and Davis, J.J., dissent.

Brown, J.,

dissenting: — The court based its judgment upon the fifth count, which was in my opinion legally defective and should have been so held on the demurrer thereto. See third headnote in Mortellar v. Atlantic Coast Line R. Co., 91 Fla. 230, 107 So. 528.

Davis, J., concurs.

Dissent
Brown, J.,

Brown, J.,

dissenting: — The court based its judgment upon the fifth count, which was in my opinion legally defective and should have been so held on the demurrer thereto. See third headnote in Mortellar v. Atlantic Coast Line R. Co., 91 Fla. 230, 107 So. 528.

Davis, J., concurs.


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Citator

Cited By

  • State of Fla. ex rel. THE Fla. BAR v. Ruskin, 126 So. 2d 142 (Fla. 1961)
    …88; Breslin’s Appeal, 316 Pa. 392, 175 A. 378. As early as 1930, we ourselves approved a similar judgment when a lawyer was suspended for a period of time and thereafter until he made restitution of certain misappropriated funds. Stalnaker v. State, 102 Fla. 638, 136 So. 318; In re Petition of Stalnaker, 150 Fla. 853, 9 So. 2d 100; See also, State ex rel. The Florida Bar v. Rhynard, Fla.1959, 116 So. 2d 417; State ex rel. The Florida Bar v. Brown, Fla.1959, 111 So. 2d 668. In prescribing the judgment herea…
  • …ould have fully paid off, satisfied and discharged the indebtedness of $9,018.49 due by him to the guardian of Florine Brandon, a minor. On appeal to this Court the aforesaid order of suspension of Leo Stalnaker was affirmed. See Stalnaker v. State, 102 Fla. 638, 136 So. 318. On December 2, 1941, Leo Stalnaker, by petition filed with the Clerk of the Circuit Court of Hills-borough County, Florida, applied for an order of reinstatement under the several provisions of Rule C, Section 8, adopted by this Court…

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