WILLIAM T. S. MONTGOMERY, INDIVIDUALLY AND TRADING AS JACKSONVILLE BLOW PIPE COMPANY AND CHARLES L. OULDHOUSE,
v.
GENERAL ELECTRIC X-RAY CORPORATION, A CORPORATION, FOR ITSELF AND FOR THE USE AND BENEFIT OF ELSIE MACKEL, WIDOW OF SYLVESTER MACKEL, DECEASED
WILLIAM T. S. MONTGOMERY, INDIVIDUALLY AND TRADING AS JACKSONVILLE BLOW PIPE COMPANY AND CHARLES L. OULDHOUSE,
GENERAL ELECTRIC X-RAY CORPORATION, A CORPORATION, FOR ITSELF AND FOR THE USE AND BENEFIT OF ELSIE MACKEL, WIDOW OF SYLVESTER MACKEL, DECEASED
156 Fla. 443
Florida Supreme Court (1945)
Positive Treatment
Also reported at: 23 So. 2d 523
Cited by 6 cases
Opinion of the Court
The judgment appealed from is affirmed upon authority of Western Union Telegraph Co. v. Michel, 120 Fla. 511, 163 So. 86; Duval v. Ann B. Hunt, et al., 34 Fla. 85, 15 So. 876; F.C. and P. R. R. Co. v. Foxworth, 41 Fla. 1, 25 So. 338; F. C. and P. R. R. Co. v. Foxworth, 45 Fla. 278, 34 So. 276.
Affirmed.
CHAPMAN, C. J., TERRELL, BUFORD and ADAMS, JJ., concur.
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State of Fla. ex rel. B. "Babe" Shargaa v. Culver, 113 So. 2d 383 (Fla. 1959)…these circumstances, inasmuch as the crime for which he was convicted cannot be described as a felony it necessarily follows that it is a misdemeanor in view of the statutes above quoted and in view of our opinion in Kimmons v. State, 156 Fla. 448, 23 So. 2d 523. We have the view that the analysis of the situation submitted by the petitioner is sound. We are compelled to conclude that the offense proscribed by Section 832.-05 (2) must be classed as a misdemeanor inasmuch as it is not otherwise classified a…
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City OF Fort Lauderdale v. Mattlin, 566 So. 2d 1330 (Fla. 4th DCA 1990)…ays if the crime charged is a felony.” Appellant asserts that the rule is inapplicable because an ordinance violation is not a crime, by definition, regardless of the extent of punishment for its violation. See, e.g., Kimmons v. State, 156 Fla. 448, 23 So. 2d 523 (Fla.1945); Roe v. State, 96 Fla. 723, 119 So. 118 (Fla.1928). Florida Statutes Section 775.08(3) provides: The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if com…
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Authorities Cited
- Duval v. Hunt, 34 Fla. 85 (Fla. 1894)
- The Fla. Cent. & Peninsular R.R. Co. v. Foxworth, 41 Fla. 1 (Fla. 1899)
- W. Union Tel. Co. v. Michel, 120 Fla. 511 (Fla. 1935)
- Fla. Cent. & Peninsular R.R. Co. v. Foxworth, 45 Fla. 278 (Fla. 1903)