Opinion
August 1, 1944 Rehearing denied September 15, 1944
A writ of certiorari to the Circuit Court for Dade County, Marshall C. Wiseheart, George E. Holt and Paul D. Barns, Judges.
Redfearn Ferrell, for petitioner.
W.C. Price, for respondent.
Certiorari denied.
BROWN, CHAPMAN, THOMAS and SEBRING, JJ., concur.
BUFORD, C. J., and TERRELL, J., dissent.
ADAMS, J., not participating.
It appears to me that the sustaining of demurrer to amended pleas 4 and 5 and the denial of leave to file proffered additional pleas, alleging fraud and coercion, constituted error for which judgment should have been reversed on appeal to circuit court; that affirmance of judgment by circuit court constituted a departure from the essential requirements of the law. Therefore, certiorari should be granted.
TERRELL, J., concurs.