Supreme Court of Florida, 1939

State Ex Rel. Five Transportation Co. v. Lee

State Ex Rel. Five Transportation Co. v. Lee
Supreme Court of Florida · Decided July 25, 1939 · Terrell, Whitfield, Buford, Thomas, Brown, Compiled, Laws, Rules
191 So. 10; 139 Fla. 835 (Southern Reporter)

State Ex Rel. Five Transportation Co. v. Lee

Opinion of the Court

Per Curiam.

This case is before us for consideration pursuant to oral argument after rehearing was granted pursuant to our opinion and judgment filed and entered January 5, 1938 (181 So. 179), to allow relators to join issue on affirmative allegations of answer and to take testimony before a commissioner appointed for that purpose.

Plaving considered the record as it now appears, we find the allegations of the answer sufficient and supported by the evidence taken. So the alternative writ is quashed on authority-of our former opinion, supra.

So ordered.

Terrell, C. J., and Whitfield, Buford and Thomas, J. J. concur. Justice Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

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