SPESSARD L. HOLLAND, GOVERNOR, ET AL., AS AND CONSTITUTING THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, ET AL.,
v.
WILSON CYPRESS COMPANY, A CORPORATION
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The Florida Supreme Court vacated a previously entered stay order and directed the Trustees of the Internal Improvement Fund to file an answer to a complaint, clarifying procedural matters after a certiorari review.
The court held that the stay order was still in effect due to oversight and that it needed to be explicitly vacated. The court also ordered the return of evidence and directed the filing of an answer in the lower court.
“It having been brought to the attention of this Court that the stay order heretofore entered was not vacated in our order of January 29, 1944: (1) the Court ex mero motu does hereby set aside, vacate and annul the stay order previously entered herein”
Establishes the court's action to vacate the stay order due to oversight.
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Join FLexlaw to unlock all legal intelligenceThe case involved a dispute where a stay order had been entered. The court's previous order on January 29, 1944, did not explicitly vacate this stay o…
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It having been brought to the attention of this Court that the stay order heretofore entered was not vacated in our order of January 29, 1944: (1) the Court ex mero motu does hereby set aside, vacate and annul the stay order previously entered herein; (2) that the original of the evidence heretofore considered by this Court on petition for writ of certiorari be by the Clerk of this Court returned to the Clerk of the Circuit Court of Volusia County, Florida; (3) the Trustees of the Internal Improvement Fund are hereby required to prepare and file an answer to the bill of complaint of the Wilson Cypress Company in the office of the Clerk of the Circuit Court of Volusia County, Florida, within sixty days after March 10, 1944, unless such time shall be extended by order of the Circuit Court.
It is so ordered.
BUFORD, C. J., BROWN, CHAPMAN and ADAMS, JJ., concur.