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Barth v. City of Miami

Supreme Court of Florida. Division B
Jul 12, 1940
143 Fla. 692 (Fla. 1940)

Opinion

Opinion Filed July 12, 1940 Rehearing Denied July 31, 1940

A Writ of Error from the Circuit Court for Dade County, Worth W. Trammell, Judge.

Bart A. Riley and Edward A. McArthur, for Plaintiff in Error;

Knight Green, for Defendant in Error.


This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and each count of the second and third amended declarations having been carefully considered in light of the principle of law enunciated by this Court in Kaufman v. City of Tallahassee, 84 Fla. 634, 94 So. 697, 30 A. L. R. 471; Maxwell v. City of Miami, 87 Fla. 107, 100 So. 147, 33 L. R. 682; City of West Palm "Beach v. Grimmett, 102 Fla. 680, 137 So. 385; Swindal v. City of Jacksonville, 119 Fla. 338, 161 So. 383; and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the circuit court be, and the same is hereby affirmed.

Affirmed.

WHITFIELD, P. J., and BROWN and CHAPMAN, J. J., concur.

THOMAS, J., concurs in opinion and judgment.

Chief Justice TERRELL and Justice BUFORD not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.


Summaries of

Barth v. City of Miami

Supreme Court of Florida. Division B
Jul 12, 1940
143 Fla. 692 (Fla. 1940)
Case details for

Barth v. City of Miami

Case Details

Full title:O. W. BARTH v. CITY OF MIAMI

Court:Supreme Court of Florida. Division B

Date published: Jul 12, 1940

Citations

143 Fla. 692 (Fla. 1940)
197 So. 498

Citing Cases

Barth v. City of Miami

Knight Green, for Defendant in Error. ON REHEARING (For former opinion, see 143 Fla. 692, 197 So. 498)…