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.