THE STATE OF FLORIDA ON THE RELATION OF FRED H. DAVIS, ATTORNEY GENERAL, AVON FLORIDA CITRUS CORPORATION, A FLORIDA CORPORATION, PINE CREST LAKES COUNTRY CLUB, A FLORIDA CORPORATION, PINE CREST LAKES COMPANY, A FLORIDA CORPORATION, AVON MANUFACTURING COMPANY, A FLORIDA CORPORATION, JOHN HENRY SMITH, NORTON T. SMITH, HENRY L. MEADE, ET ALS., CO-RELATORS,
v.
CITY OF AVON PARK, A MUNICIPAL CORPORATION OF FLORIDA, RESPONDENT

Fla. | 1932-03-02
104 Fla. 389 Florida Supreme Court (1932)
Also reported at: 139 So. 899

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Synopsis

This case involves a procedural ruling by the Florida Supreme Court on a demurrer to an information and motions to strike and demurrers to an answer. The court overruled the respondent's demurrer to the information, indicating the information was legally sufficient. The court also set other pending motions and demurrers for oral argument.


Holding

The court overruled the respondent's demurrer to the information, finding it legally sufficient. The court did not rule on the co-relators' motions and demurrers to the answer but instead set them for oral argument.


Key Quotes

“It is considered, ordered and adjudged by the court that the said demurrer of the respondent to the information filed in this cause be and the same is hereby overruled”

This quote establishes the court's ruling on the respondent's demurrer to the information.

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Facts & Procedural History

The State of Florida, on the relation of several co-relators, filed an information against the City of Avon Park. The respondent city demurred to this…

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Opinion of the Court
Per Curiam.

Per Curiam.

—This cause having heretofore been submitted upon the demurrer of the respondent to the information filed in said cause and the co-relators’ motion to strike certain portions of the respondent’s answer and the demurrer of co-relators to certain portions of the respondent’s answer and co-relators’ demurrer to respondent’s answer as a whole;

It is considered, ordered and adjudged by the court that the said demurrer of the respondent to the information filed in this cause be and the same is hereby overruled; and the said motion to strike and said demurrers filed by eo-relators to portions of the answer, and to the answers as a whole, be and they are hereby set down for oral argument before this court on the... .day of....... A. D. 1932.

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


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