HARRY W. MONS, APPELLANT,
v.
CORAL GABLES CORPORATION, A ORPORATION ORGANIZED AND DOING BUSINESS UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court reversed an order sustaining a demurrer, agreeing to follow a prior decision in a related case and reversing the lower court's decision based on that precedent.
Yes, the order sustaining the demurrer should be reversed, as agreed by the parties and in accordance with the precedent of a related case.
“In this case a stipulation has been filed by counsel for the respective parties wherein it is agreed that the Supreme Court do enter a similar and like decision in this case as that which may be entered in the case of Walter L. Ditfurth vs. Coral Gables Corporation and that this ease be in all things controlled in the Supreme Court of Florida by the opinion which may be handed down in the case of «Walter L. Ditfurth vs. Coral Gables Corporation.”
Establishes the basis for the court's decision via stipulation.
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Join FLexlaw to unlock all legal intelligenceCounsel for both parties filed a stipulation agreeing that this case should be decided in the same manner as the case of Walter L. Ditfurth vs. Coral …
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— In this case a stipulation has been filed by counsel for the respective parties wherein it is agreed that the Supreme Court do enter a similar and like decision in this case as that which may be entered in the case of Walter L. Ditfurth vs. Coral Gables Corporation and that this ease be in all things controlled in the Supreme Court of Florida by the opinion which may be handed down in the case of «Walter L. Ditfurth vs. Coral Gables Corporation.
The order sustaining special and general demurrer to amended bill of complaint should be reversed under authority of the order in the case of Walter L. Ditfurth vs. Coral Gables Corporation, filed at this term of the Court, and the ease therein cited. It is so ordered.
Reversed.
Buford, C.J., and Ellis and Brown, J.J., concur.
Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.