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Supreme Court of Florida, 1943

Randell v. City of Fort Myers

Randell v. City of Fort Myers
Supreme Court of Florida · Decided November 9, 1943 · Buford, Terrell, Brown, Chapman, Adams, Sebring, Thomas
15 So. 2d 445; 153 Fla. 665; 1943 Fla. LEXIS 731 (Southern Reporter, Second Series)

Randell v. City of Fort Myers

Opinion of the Court

PER CURIAM:

Judgment affirmed.

BUFORD, C. J., TERRELL, BROWN, CHAPMAN, ADAMS and SEBRING, JJ., concur. THOMAS J., dissents.

Dissenting Opinion

THOMAS, J.,

dissenting:

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 *666 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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