Supreme Court of Florida, 1947

Hewall Investment Company v. Scott

Supreme Court of Florida · Decided April 25, 1947 · Thomas, Terrell, Buford, Adams, Chapman, Barns

30 So. 2d 625; 158 Fla. 795; 1947 Fla. LEXIS 637 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM:

This decree is affirmed upon the authority of Webb v. Scott, 129 Fla. 111, 176 So. 442.

THOMAS, C. J., TERRELL, BUFORD and ADAMS, JJ., •concur. CHAPMAN and BARNS, JJ., dissent.

Dissenting Opinion

BARNS, J.,

dissenting:

It appears that the final decree appealed should be reversed for like reasons as stated in the case of Thomas Howell Scott v. Robert Scott this day rendered but in this case the •evidence is not clear as to the extent of benefits to the property by reason of the improvements made for payment of which the assessment was made.

Wherefore the decree is reversed with directions to the 'Chancellor to determine same and to proceed not inconsistent with the opinion in the case of Thomas Howell Scott v. Robert Scott, (supra).

CHAPMAN, J., concurs.

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