CHARLES I. DWIGGINS, AS RECEIVER OF POLK COUNTY NATIONAL BANK IN BARTOW, A BANKING CORPORATION,
v.
MEDDIE STEWART MCLEOD, ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court affirmed a lower court's decree sustaining a motion to dismiss due to an equal division among the justices.
The decree sustaining the motion to dismiss is affirmed because the Florida Supreme Court was equally divided in its opinion regarding reversal.
“This is an appeal from a decree sustaining a motion to dismiss the bill of complaint filed by the appellant in the court below.”
Describes the procedural posture of the case.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant, a receiver, filed a bill of complaint in the lower court. The appellees filed a motion to dismiss this bill of complaint. The lower cou…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
This is an appeal from a decree sustaining a motion to dismiss the bill of complaint filed by the appellant in the court below. After consideration of the transcript of the record and the briefs and arguments of counsel for the respective parties Mr. Chief Justice Whitfield, Mr. Justice Terrell and Mr. Justice Davis are of the opinion that the decree appealed from should be reversed, while Mr. Presiding Justice Ellis, Mr. Justice Brown and Mr. Justice Buford are of the opinion that said decree should be affirmed. The members of the court being equally divided in opinion as to whether or not said decree should be reversed, the result is that under the familiar doctrine of Hampton v. McClung, 47 Fla. 224, 37 So. 51, the decree appealed from must be and is hereby
Affirmed.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Custer v. State, 159 Fla. 574 (Fla. 1947)…. State, 115 Fla. 379, 155 So. 663. Other harmful instances of not properly following the statutes on acquiring jurors are: A judge cannot take names out of a jury box and place them back, over objections of defendant. Peacock v. State, 124 Fla. 33, 168 So. 401. A judge may not take out all listed jurors from the box momentarily, not for selection, and then place them back in the box. Livingston v. State, 108 Fla. 193, 145 So. 761. It is strictly against the law in this State for outsiders to participate i…
-
Foley v. Peckham, 256 So. 2d 65 (Fla. 3d DCA 1971)…ed during the course of the proceedings, was properly denied by the trial judge. Reliance in the motion on adverse rulings in the cause was an insufficient predicate therefor. Suarez v. State, 95 Fla. 42, 115 So. 519; Peacock v. State, 124 Fla. 334, 168 So. 401. Moreover, in denying the motion the trial court correctly found that the affidavits in support of the motion were insufficient and did not conform to requirements therefor in the statute, § 38.10 Fla.Stat., F.S.A. See State ex rel. Jensen v. Cannon…
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)