TOWN OF MIAMI SPRINGS, A MUNICIPAL CORPORATION, APPELLANT,
v.
EDWARD M. MARSHALL ET AL., APPELLEES
TOWN OF MIAMI SPRINGS, A MUNICIPAL CORPORATION, APPELLANT,
EDWARD M. MARSHALL ET AL., APPELLEES
83 So. 2d 852
Florida Supreme Court (1955)
Positive Treatment
Cited by 1 case
Opinion of the Court
O’CONNELL, Justice.
The law is well settled that the prevailing party is entitled to a final conclusion of the cause, and that being entitled to such is a substantial right of which the prevailing party could not be deprived, except upon clear grounds of equity and right. Muller v. Maxcy, Fla., 74 So. 2d 879.
There were no clear grounds of equity and right, shown to exist in this case, such as would merit the entry of a decree without prejudice.
Therefore, that portion of the decree reading “without prejudice to the plaintiff’s” is improper. This cause is remanded for the entry of an amended decree, not inconsistent with this opinion.
It is so ordered.
DREW, C. J., and TERRELL and HOB-SON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ferd Meyer and Rosalyn Meyer v. Mose Solomon, 107 So. 2d 775 (Fla. 3d DCA 1958)…9; Mayfield v. Wernicke Chemical Co., 65 Fla. 113, 61 So. 191; Chatham Inv. Co. v. Sunshine Inv. Co., 98 Fla. 783, 124 So. 374; Young v. Curtis, 108 Fla. 348, 146 So. 543; Strong v. Clay, Fla., 54 So. 2d 193; Town of Miami Springs v. Marshall, Fla., 83 So. 2d 852; City of Miami v. Miami Transit Co., Fla. App., 96 So. 2d 799; Tropicaire Engineering Service Corp. v. Chrysler Airtemp Sales Corp., Fla.App., 97 So. 2d 149. Furthermore the mere fact that defendant has set the case down for a final hearing on bill…
Authorities Cited
- Muller v. Maxcy, 74 So. 2d 879 (Fla. 1954)