ARTHUR L. CAMERON, APPELLANT,
v.
BAKER, GIEB & SCHAUB MOTORS, INC., A CORPORATION, APPELLEE
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The Florida Supreme Court reversed a lower court's decree based on the appellee's confession of errors, without analyzing the merits of the assigned errors.
Yes, the lower court's decree is reversed based on the appellee's confession of errors and the appellant's consent.
“On June 4, 1928, appellee filed in this Court his consent to the reversal of the court below upon each and every ground assigned by appellant but without determining the nature or extent of the error assigned”
Describes the appellee's action leading to the reversal.
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Join FLexlaw to unlock all legal intelligenceThe appellee consented to the reversal of the lower court's decision on all grounds assigned by the appellant. The appellant's counsel also consented …
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Terrell, J.
On June 4, 1928, appellee filed in this Court his consent to the reversal of the court below upon each and every ground assigned by appellant but without determining the nature or extent of the error assigned; reversal being on the “confession of errors” so entered, consent to said reversal having been given here by appellant through his counsel.
In view of the circumstances so detailed, our conclusion is to reverse the decree of the chancellor upon the “confession of errors” without giving any views as to the extent of the error. The decree will be reversed accordingly and the cause remanded for such proceedings as are consistent with equity practice. Clark v. Caldwell et al., decided April 17, 1928, and cases there cited. Ordered and decreed accordingly.
Whitfield and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Gulf Power Co. v. Illinois-Florida Land Co., 100 Fla. 1594 (Fla. 1931)…error.- The Judgment of the court below is therefore reversed and the cause remanded for such proceedings as are consistent with the law and rules of practice governing such causes. Clark v. Caldwell, 95 Fla. 754, 116 So. R. 632, Cameron v. Parker, 96 Fla. 389, 118 So. R. 423. [*1595] Ordered and decreed accordingly. Ellis and Brown, J. J., concur. Whitfield, P.. J., and Strum and Buford, J. J., concur in the opinion and judgment.…
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Indian Harbor Ests., Inc. v. Wagner, 148 So. 2d 757 (Fla. 1st DCA 1963)…al decree is therefore reversed and the cause remanded for such proceedings as are consistent with the laws and rules of practice governing such cases. Clark v. Caldwell, 95 Fla. 754, 116 So. 632 (1928), Cameron v. Baker, Gieb & Schaub Motors, Inc., 96 Fla. 389, 118 So. 423 (1928), Gulf Power Co. v. Illinois-Florida Land Co., 100 Fla. 1594, 132 So. 109 (1931), and Evans v. Green, 138 Fla. 284, 189 So. 232 (1939). Ordered and decreed accordingly. CARROLL, DONALD K., C. J., and STURGIS and RAWLS, JL, concu…
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Evans v. Green, 138 Fla. 284 (Fla. 1939)…orsed by the appellant consenting that an order of reversal be entered. See Gulf Power Co. v. Illinois-Florida Land Co., et al., 100 Fla. 1594, 132 Sou. 109; Clark v. Caldwell, 95 Fla. 754, 115 Sou. 632; Cameron v. Baker, Bieb & Schaub Motors, Inc., 96 Fla. 389, 118 Sou. 423. So the motion for judgment of reversal on confession of errors will be denied, unless the appellee within ten days file in this Court endorsement and approval of reversal signed by solicitors for the appellant. It-is so ordered. Te…