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Berger v. Cureton

Supreme Court of Florida, en Banc
Feb 1, 1949
38 So. 2d 439 (Fla. 1949)

Opinion

July 30, 1948. On Rehearing February 1, 1949.

Certiorari to Circuit Court, for Hillsborough County; L.L. Parks, Judge.

J.W. Dupree, Gibbons Gibbons, Whitaker, Whitaker Terrell, Nathan R. Graham, and Paull E. Dixon, all of Tampa, and J. Tom Watson, Atty. Gen., for petitioners.

Mabry, Reaves, Carlton, Anderson, Fields Ward, of Fort Myers, and Macfarlane, Ferguson, Allison Kelly, Hampton, Bull Crom, Himes Himes, and Wm. C. Pierce, all of Tampa, for respondents.


No error appearing in the Chancellor's order the petition for certiorari is denied.

THOMAS, C.J., and CHAPMAN, SEBRING, and HOBSON, JJ., concur.

TERRELL and ADAMS, JJ., dissent.


On Rehearing.


The order of this Court of July 30, 1948, is amended to read:

"The petition for certiorari is denied."

ADAMS, C.P., and CHAPMAN, BARNS, and HOBSON, JJ., concur.

TERRELL, THOMAS, and SEBRING, JJ., dissent.


Deny except as to paragraphs 22 to 26 inclusive (Tr. p. 141 to 144) which appear to have been erroneously stricken.


Summaries of

Berger v. Cureton

Supreme Court of Florida, en Banc
Feb 1, 1949
38 So. 2d 439 (Fla. 1949)
Case details for

Berger v. Cureton

Case Details

Full title:ERNEST BERGER AND RILEY J. McMASTER, AS EXECUTORS AND TRUSTEES OF THE LAST…

Court:Supreme Court of Florida, en Banc

Date published: Feb 1, 1949

Citations

38 So. 2d 439 (Fla. 1949)