SRAEL & JABALY, INC.,
v.
J. M. LEE, AS COMPTROLLER, ET AL.

Fla. | 1934-12-22
• Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.
117 Fla. 747 Florida Supreme Court (1934) Positive Treatment
Also reported at: 158 So. 430
Cited by 3 cases

Opinion of the Court
Per Curiam.

Per Curiam.

This is a companion case to that of Greenleaf & Crosby Co., Inc., et al., v. Coleman, as Sheriff, et al., opinion filed this day.

■ The appeal is from an order granting a motion to dismiss the bill of complaint.

■ The bill of complaint in this case is not framed as was the bill in the companion case. The allegations are sufficient, however, to withstand the motion to strike under authority of our opinion in the companion case and, on authority of that opinion and judgment, the order appealed from herein should be reversed and the cause remanded for further proceedings.

It is so ordered.

Reversed and remanded.

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


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  • S.C. v. State, 224 So. 3d 249 (Fla. 3d DCA 2017)
    …(‘‘[T]his interpretation gives effect to the plain meaning of the statute as written at the time that Leftwich committed his crimes and is consistent with legislative intent at the time the statute was enacted.”); Rogers v. Cunningham, 117 Fla. 760, 158 So. 430, 432 (1934) ("It is not only useless, but not a function of the court, to supply words or omit them from the statute which destroy the generally understood plain meaning of its terms in order to make the statute fit a situation not in the legislativ…
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