Supreme Court of Florida, 1944

Wolkowsky v. Goodkind

Wolkowsky v. Goodkind
Supreme Court of Florida · Decided August 1, 1944 · Brown, Chapman, Thomas, Sebring, Buford, Terrell, Adams
19 So. 2d 106; 154 Fla. 784; 1944 Fla. LEXIS 817 (Southern Reporter, Second Series)

Wolkowsky v. Goodkind

Opinion of the Court

PER CURIAM:

Certiorari denied.

BROWN, CHAPMAN, THOMAS and SEBRING, JJ., concur. BUFORD, C. J., and TERRELL, J., dissent. ADAMS, J., not participating.

Dissenting Opinion

BUFORD, C. J.,

dissenting:

It appears to me that the sustaining of demurrer to amended pleas 4 and 5 and the denial of leave to file proffered *785 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.

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