CITY OF NORTH MIAMI BEACH
v.
STATE EX REL. GEORGE COUPER GIBBS, ATTORNEY GENERAL; JOHN L. PATTEN, ALLEN G. SIEMS, AND MAYACA HOLDING COMPANY
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The Florida Supreme Court affirmed a lower court's judgment of ouster, which removed 291.87 acres of land from the jurisdiction of the City of North Miami Beach. The court found no reversible error, relying on established legal principles from prior cases.
The Florida Supreme Court held that there was no reversible error in the lower court's judgment of ouster. The judgment was supported by established legal principles and prior case law.
“no reversible error is made to appear”
This quote establishes the court's primary finding regarding the appeal.
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Join FLexlaw to unlock all legal intelligenceThe case involved a writ of error challenging a final judgment of ouster. This judgment removed 291.87 acres of land belonging to the relators from th…
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This cause came on to be heard upon transcript of the record and the briefs and oral argument of counsel, and upon due consideration the Court is of the opinion that no reversible error is made to appear. The writ of eiTor herein was sued out to a final judgment of ouster by which 291.87 acres of land belonging to the corelators was ousted from the jurisdiction of the City of North Miami Beach. The facts of this case fall within the principles laid down in the cases of State v. City of Stuart, 97 Fla. 69; 120 So. 335, 64 A. L. R. 1307; City of Coral Gables v. State, 129 Fla. 834, 177 So. 290; Town of Boynton v. State, 103 Fla. 1113, 139 So. 629; State v. Town of Boynton Beach, 129 Fla. 528, 177 So. 327; State v. Town of Boca Raton, 129 Fla. 673, 177 So. 293, and other cases cited in the foregoing cases, which authorities support the judgment rendered.
This case has been very ably briefed and orally argued by counsel for both sides, but after due consideration we are convinced that the judgment of the court below is free from error and should be sustained.
Affirmed.
Terrell, C. J., Whitfield, Brown, Buford and Chapman, J. J., concur.
Justice Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. City of Stuart, 97 Fla. 69 (Fla. 1929)
- Ferdon v. Hendry Lumber Co., 97 Fla. 283 (Fla. 1929)
- State v. Town of Boynton Beach, 129 Fla. 528 (Fla. 1937)
- Town of Boynton v. State, 103 Fla. 1113 (Fla. 1932)
- State v. Town of Boca Raton, 129 Fla. 673 (Fla. 1937)
- City of Coral Gables v. State, 129 Fla. 834 (Fla. 1937)