Randell v. City of Fort Myers

Supreme Court of Florida November 9, 1943

Randell v. City of Fort Myers, 15 So. 2d 445 (Fla. 1943)

153 Fla. 665; 1943 Fla. LEXIS 731

Buford, Terrell, Brown, Chapman, Adams, Sebring, Thomas

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.

Reference

Full Case Name: R. W. Randell v. City of Fort Myers, a Municipal Corporation, Charles E. Chandler, as Tax Collector of the City of Fort Myers, and the Atlantic Municipal Corporation, a Corporation.
Status: Published