Suwannee & San Pedro Railroad v. West Coast Railway Co.

Supreme Court of Florida
Suwannee & San Pedro Railroad v. West Coast Railway Co., 50 Fla. 612 (Fla. 1905)
Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield

Suwannee & San Pedro Railroad v. West Coast Railway Co.

Opinion of the Court

Cockrell, J.

A paper entitled Petition for Rehearing has been marked filed here and has been presented to us for consideration.

A cursory examination of the so styled petition for rehearing, consisting of thirteen type-written pages shows that.it is an attempt to reargue the whole case heretofore presented to, and duly considered and decided by, this court. Issue is taken with the court on practically every finding of law or fact, with voluminous excerpts from the evidence and petitioner’s comments thereon. Should a re-hearing be granted such zeal on the part of counsel might be commendable, but it is out of place in an ex-parte petition.

Following the long established rule of this court, frequently expresed in its Reports, we shall decline to entertain the petition or permit it to become part of our records. Jones v. Fox, 23 Fla. 462, 2 South. Rep. 853; Sauls v. Freeman, 24 Fla. 225, 4 South. Rep. 577; Summerlin v. Thompson, 31 Fla. 369, text 391, 12 South. Rep. 667; Steele v. State, 33 Fla. 354, 14 South. Rep. 841; Florida Land Rock Phos. Co. v. Anderson, 39 South. Rep. 392, decided at this term.

Shackleford, C. J., and Whitfield, J., concur. Taylor, Hocker and Parkhill, jj., concur in the opinion.

Reference

Full Case Name
Suwannee & San Pedro Railroad Company v. West Coast Railway Company
Cited By
1 case
Status
Published
Syllabus
ON RE-HEARING. A petition for re-bearing that is a re-argument of tbe case with comments on tbe evidence will not be entertained.