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Clarke v. Clarke

Supreme Court of Florida. Special Division B
Jan 18, 1955
77 So. 2d 448 (Fla. 1955)

Opinion

January 18, 1955.

Writ of Certiorari to Circuit Court for Dade County; N. Vernon Hawthorne, Judge.

James H. Ruby, Miami Beach, for petitioner.

Miller, Pearson Miller, Miami, for respondent.


Certiorari granted. The order of reference to which petitioner neither acquiesced or consented, but objected, is quashed on authority of Slatcoff v. Dezen, Fla., 74 So.2d 59.

Petitioner also complains of the chancellor's denial of his motion to dismiss the complaint. It appearing that the complaint is deficient but amendable, that portion of the order denying the motion to dismiss is quashed with directions to the chancellor to permit such amendment as in his discretion he deems right and proper.

MATHEWS, C.J., and THOMAS, HOBSON, ROBERTS and DREW, JJ., concur.


Summaries of

Clarke v. Clarke

Supreme Court of Florida. Special Division B
Jan 18, 1955
77 So. 2d 448 (Fla. 1955)
Case details for

Clarke v. Clarke

Case Details

Full title:G. WINSTON CLARKE, PETITIONER, v. JANIE M. CLARKE, RESPONDENT

Court:Supreme Court of Florida. Special Division B

Date published: Jan 18, 1955

Citations

77 So. 2d 448 (Fla. 1955)