MARK FEKANY, AS ADMINISTRATRIX OF THE ESTATE OF TOFEX FEKANY, DECEASED,
v.
ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION

Fla. | 1942-10-13
BROWN, C. J., TERRELL, CHAPMAN and THOMAS, JJ., concur.
151 Fla. 545 Florida Supreme Court (1942)
Also reported at: 9 So. 2d 925

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Synopsis

The Florida Supreme Court denied a petition for writ of certiorari, upholding a circuit court's decision to reverse a civil court judgment and grant a new trial. The petitioner argued the circuit court's reversal departed from essential legal requirements.


Holding

No, the Circuit Court of Duval County did not depart from the essential requirements of the law in reversing the judgment and awarding a new trial.


Key Quotes

“On petition for a' writ of certiorari it is made to appear that a judgment was entered in the Civil Court of Record of Duval County, Florida, against the plaintiff Atlantic Coast Line Railroad Company and in favor of the defendant Mary Fekany, Administratrix of the Estate of Tofex Fekany.”

This quote establishes the initial judgment and parties involved in the lower court.

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Facts & Procedural History

A judgment was entered in the Civil Court of Record of Duval County in favor of the defendant, Mary Fekany, Administratrix of the Estate of Tofex Feka…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

On petition for a' writ of certiorari it is made to appear that a judgment was entered in the Civil Court of Record of Duval County, Florida, against the plaintiff Atlantic Coast Line Railroad Company and in favor of the defendant Mary Fekany, Administratrix of the Estate of Tofex Fekany. On appeal therefrom the Circuit Court of Duval County, Florida, reversed the said judgment and awarded a new trial. It is here *546contended that in the entry of the order of reversal by the Circuit Court of Duval County there has been a departure from the essential requirements of the law. The transcript has been studied, the briefs read and cases cited examined and we have concluded that the said petition should be and the same is hereby denied.

BROWN, C. J., TERRELL, CHAPMAN and THOMAS, JJ., concur.


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