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Ficht v. McMullen

Supreme Court of Florida
Nov 24, 1939
140 Fla. 748 (Fla. 1939)

Opinion

Opinion Filed November 24, 1939

A Writ of Error from the Circuit Court for Pinellas County, T. Frank Hobson, Judge.

Ralph Richards, for Plaintiff in Error;

Polhill Simmons and D.C. McMullen, for Defendants in Error.


This is a motion to dismiss a writ of error dated August 3, 1935, returnable October 30, 1939. The judgment awarding a peremptory writ of mandamus was rendered by the circuit judge August 1, 1939.

In this case the writ of error was issued by the Clerk of the Circuit Court and by him filed August 3, 1939. (Sec. 4618 [2908], 4624 [2914], C. G. L.) The return day was not an illegal or an impossible day in the past, but a future day within the limit fixed by law after the rendition of the judgment, which proves a clerical error only in dating the writ of error August 3, 1935, instead of August 3, 1939. The writ will be regarded as amended as to the date of its issue.

It is so ordered.

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

TERRELL, C. J., concurs in opinion and judgment.

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


Summaries of

Ficht v. McMullen

Supreme Court of Florida
Nov 24, 1939
140 Fla. 748 (Fla. 1939)
Case details for

Ficht v. McMullen

Case Details

Full title:PAUL C. FICHT v. D.C. McMULLEN, et al

Court:Supreme Court of Florida

Date published: Nov 24, 1939

Citations

140 Fla. 748 (Fla. 1939)
192 So. 198