LURA PARKS
v.
ERNEST BERGER AND RILEY J. MCMASTER, AS EXECUTORS OF THE ESTATE OF LETITIA V. GRAHAM, DECEASED
LURA PARKS
ERNEST BERGER AND RILEY J. MCMASTER, AS EXECUTORS OF THE ESTATE OF LETITIA V. GRAHAM, DECEASED
156 Fla. 250
Florida Supreme Court (1945)
Negative Treatment
Also reported at: 23 So. 2d 270
Cited by 10 cases
Opinion of the Court
The judgment in this case is reversed and the cause remanded upon authority of the opinion and decision in the case of Berger v. Jackson, as administrator ad litem of the estate of Letitia V. Graham, deceased, this day decided. The questions involved are much the same, and the controlling principles of law are the same. The two cases have been considered together. Both cases have been very ably briefed and argued by counsel for the respective parties, and have had the careful consideration of the Court.
Reversed and remanded.
CHAPMAN, C. J., THOMAS and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Chesebrough v. State, 255 So. 2d 675 (Fla. 1971)…ted of the offense charged. While a plea of guilty is a confession of guilt, a plea of nolo contendere does not estop the [*677] defendant to plead and prove innocence in a civil suit. See 6 F.L.P., Criminal Law, § 305; State v. Febre, 156 Fla. 149, 23 So. 2d 270 (1945). A plea of nolo contendere admits all the facts which are well pleaded and waives all formal defects in the proceeding of which the accused could have availed himself by a plea of not guilty or motion to quash. See Peel v. State, 150 So. 2d…
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Peel v. State, 150 So. 2d 281 (Fla. 2d DCA 1963)…sion and believed that when he entered a plea that he was entering a [*284] plea of not guilty and that he did not intend to plead guilty/ but is innocent. The motion was denied. This was harmful error.” In the case of State v. Febre, 156 Fla. 149, 23 So. 2d 270, the defendant Febre was charged with assault with intent to commit murder in the first degree and was convicted by the criminal court of record of aggravated assault. Both the State and the defendant appealed to the Supreme Court. A motion was made…
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Calloway Brown v. State, 232 So. 2d 55 (Fla. 4th DCA 1970)…XVI of the Florida Constitution of 1885 3 and F.S. Section 775.08, F.S.A. (then Section 7105, Compiled General Laws), the crime could only have been classified as a misdemeanor. In like manner we think the case of State v. Febre, 1945, 156 Fla. 149, 23 So. 2d 270, originally relied on by us, can be reconciled with the position we now take.4 To summarize, it is our view that breaking and entering with the intent to commit a misdemeanor under F.S.1965, Section 810.05, F.S.A., is a crime punishable by imprison…
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