STATE, EX REL. CARY D. LANDIS, ATTORNEY GEN'L, ET AL,
v.
W. C. GAMBLE
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This Florida Supreme Court case addresses a procedural matter where the relator (plaintiff) was given a deadline to respond to the respondent's (defendant's) amended plea. Failure to respond would result in the plea being confessed.
The Court ordered that unless the relator takes issue on the respondent's amended plea within seven days, the plea will be taken as confessed by the plaintiff, and judgment will be entered accordingly.
“by order of this Court the respondent’s demurrer to the plaintiff’s replication to respondent’s amended plea has been sustained, and that the cause is now at issue upon the information and the issues of fact set forth in the amended plea, which amended plea has been held to be sufficient in law”
Establishes the procedural posture of the case leading to the current order.
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Join FLexlaw to unlock all legal intelligenceThe respondent's demurrer to the plaintiff's replication to the respondent's amended plea was sustained by the Court. The cause was at issue upon the …
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This-cause coming on to be heard, and it appearing to the Court that by order of this Court the respondent’s demurrer to the plaintiff’s replication to respondent’s amended plea has been sustained, and that the cause is now at issue upon the information and the issues of fact set forth in the amended plea, which amended plea has been held to be sufficient in law, it is thereupon considered, ordered and adjudged by this Court that unless relator herein shall, within seven days after the date of this order, take issue on respondent’s' said amended plea that said amended plea shall be taken by this Court as confessed by plaintiff and thereupon judgment shall be entered thereon according to law and the practice of this Court.
It is so ordered.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur.
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Singleton v. State, 183 So. 2d 245 (Fla. 2d DCA 1966)…Crenshaw Bros. Produce Co. v. Harper, 142 Fla. 27, 194 So. 353; Red Top Cab & Baggage Co., etc. v. Dorner, 159 Fla. 366, 31 So. 2d 409; Mitchell v. Mason, 79 Fla. 140, 83 So. 869; Ray v. Trice, 48 Fla. 297, 37 So. 582; Acree v. State, 111 Fla. 494, 149 So. 576, 150 So. 717; Brain v. State, 91 Fla. 1026, 109 So. 804; Burnette v. State, Fla. 1963, 151 So. 2d 9. Specific authority is contained in the Florida Appellate Rules, 31 F.S.A., both under PART III, covering “Proceedings Generally” and in PART VI cov…