Opinion
May 22, 1951. Rehearing Denied July 10, 1951.
An Appeal from the Circuit Court for Polk County, D.O. Rogers, Judge.
Carver Langston, Lakeland, for appellant.
Frank Redd, Sarasota, for appellee.
Affirmed.
TERRELL, CHAPMAN, ROBERTS and BARNS, JJ., concur.
SEBRING, C.J., and THOMAS, J., dissent.
ADAMS, J., not participating.
On Petition for Rehearing.
Counsel for appellant having filed in this cause petition for rehearing and having been duly considered it is ordered by the court that said petition be and the same is hereby denied.
TERRELL, CHAPMAN, ROBERTS and BARNS, JJ., concur.
SEBRING, C.J., and THOMAS, J., dissent.
Appellant presented to the chancellor a petition for an allowance of additional attorneys fees. The chancellor withheld action pending decision on appeal. It is sought to have this court pass on the merits of the petition but since it is more appropriate that this be left to the judicial discretion of the Chancellor for action in the first instance, the rehearing should be denied without prejudice to the power of the chancellor to rule on the petition for an allowance of additional attorneys fees for services in the lower court.
It often happens that this court fails to pass on matters which counsel considers presented but which escape the attention of the court. The "argument" sections of the brief is most important.
Rule 20, 30 F.S.A., Rules of Supreme Court, does state that "The brief of appellant shall contain, (1) a history of the case, (2) a statement of the questions involved, and (3) the argument", but it is clear from the paragraph of the rule entitled "argument" that the "question" should be stated with the argument and the error creating it. It need not be stated but once in the brief. Errors, questions and argument should be placed with each other. A schedule of "questions" separate from the argument is not essential but a statement of the "question" with the argument is exacted for a compliance with the rule and when this is done the above quoted portion of Rule 20 will have been complied with.