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Randell v. City of Fort Myers

Supreme Court of Florida. En Banc
Nov 9, 1943
15 So. 2d 445 (Fla. 1943)

Opinion

November 9, 1943

An appeal from the Circuit Court for Lee County, George W. Whitehurst, Judge.

Cyrus Q. Stewart and Clyde W. Atkinson, for appellant.

P.E. Starnes, for Atlantic Municipal Corporation and Parker Holt, for City of Fort Myers and Charles E. Chandler, Tax Collector, appellees.


Judgment affirmed.

BUFORD, C. J., TERRELL, BROWN, CHAPMAN, ADAMS and SEBRING, JJ., concur.

THOMAS J., dissents.


I think testimony should have been taken on the bill, and on the answer which the defendant had to present with the petition to vacate the decree pro confesso. In my opinion the answer could not be relied upon for the purpose of vacating the decree pro confesso and then be supplanted by a motion to dismiss. Evans v. Tucker, 101 Fla. 688, 135 So. 305, 85 A.L.R. 170.


Summaries of

Randell v. City of Fort Myers

Supreme Court of Florida. En Banc
Nov 9, 1943
15 So. 2d 445 (Fla. 1943)
Case details for

Randell v. City of Fort Myers

Case Details

Full title:R. W. RANDELL v. CITY OF FORT MYERS, a municipal corporation, CHARLES E…

Court:Supreme Court of Florida. En Banc

Date published: Nov 9, 1943

Citations

15 So. 2d 445 (Fla. 1943)
15 So. 2d 445