Opinion
April 1, 1949.
Certiorari to Circuit Court, Hillsborough County; Victor O. Wehle, Judge.
Tillman McEwan, Henry C. Tillman and James M. McEwan, all of Tampa, for petitioner.
Leonard W. Cooperman, of St. Petersburg, Funston Clark, of Colorado Springs, Colo., and Henry S. Baynard, of St. Petersburg, for respondent.
The petition for certiorari is denied.
ADAMS, C.J., and CHAPMAN and SEBRING, JJ., concur.
HOBSON, J., concurs specially.
I concur in the order denying the petition for certiorari, although the effect of the denial may be a determination that the plaintiff need not explain, in and by her bill of complaint, her delay in instituting this action. However, it is not to be presumed that the learned Chancellor will fail to require of the plaintiff, before the entry of a final decree which might be favorable to the plaintiff, a reasonable and entirely satisfactory explanation of such delay.