J. S. HOWARD, ET UX, AND J. E. MAINES,
v.
THE FEDERAL LAND BANK OF COLUMBIA

Fla. | 1936-05-06
Whitfield, C. J., and Ellis, Brown, Buford, and Davis, J. J., concur.
124 Fla. 249 Florida Supreme Court (1936)
Also reported at: 168 So. 25

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Synopsis

The Florida Supreme Court affirmed an order striking portions of an answer, finding that the stricken parts constituted no defense to the action and that the appeal lacked merit. The court denied a request for oral argument.


Holding

No, the Chancellor did not err in striking the portions of the answer, as they constituted no defense. The appeal lacks merit.


Key Quotes

“there was no error in the order of the Chancellor striking portions of the answer interposed from which order the appeal was taken.”

Establishes the court's finding regarding the lower court's action.

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Facts & Procedural History

Appellants appealed an order from the Chancellor that struck certain portions of their answer. The Federal Land Bank of Columbia was the opposing part…

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Opinion of the Court
Per Curiam.

Per Curiam.

This case is before us on motion to dismiss the appeal. An examination of the record and consideration of briefs filed by the respective parties discloses that there was no error in the order of the Chancellor striking portions of the answer interposed from which order the appeal was taken. The parts of the answer which were stricken constituted no defense to the action, and, therefore, the order should be affirmed. We have not overlooked the fact that the appellant’s solicitors have filed request for oral argument in this case. We have inspected the record and considered the briefs and it is clearly apparent to the Court that there is no merit in the assignments of error. Therefore, the request for oral argument is denied and the order appealed from is affirmed.

So ordered.

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


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