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Hobbs v. Fidelity Trust Co.

Supreme Court of Florida, Division B
Dec 18, 1928
119 So. 134 (Fla. 1928)

Opinion

Opinion filed December 18, 1928.

An Appeal from the Circuit Court for Charlotte County; George W. Whitehurst, Judge.

J. H. Hancock and Thomas J. Ellis for Appellant;

No appearance for Appellees.


The appeal here is from an order entering a decree pro confesso and a final decree. The decree pro confesso was entered upon the theory that the answer of the defendant Beverly Smith presented a counter claim and therefore required an answer thereto from Hobbs the appellant.

The answer of Smith fails to set up a counter claim and required no answer. Turner et al, v. Utley et al, 93 Fla. 910; 112 So. R. 837.

The entry of decree pro confesso was error. The final decree against Hobbs based on the decree pro confesso is error. The Bill of Complaint, the answer of Hobbs and the replication thereto present an issue which demands adjudication in accordance with such evidence as may be adduced touching the same.

Reversed.

WHITFIELD, P. J. AND TERRELL AND BUFORD, J. J., concur.

ELLIS, C. J., AND STRUM AND BROWN, J. J., concur in the opinion and judgment.


Summaries of

Hobbs v. Fidelity Trust Co.

Supreme Court of Florida, Division B
Dec 18, 1928
119 So. 134 (Fla. 1928)
Case details for

Hobbs v. Fidelity Trust Co.

Case Details

Full title:D. J. HOBBS, Appellant, v. THE FIDELITY TRUST COMPANY, a Corporation…

Court:Supreme Court of Florida, Division B

Date published: Dec 18, 1928

Citations

119 So. 134 (Fla. 1928)
119 So. 134