Supreme Court of Florida, 1949

Shomaker v. Whitsitt

Shomaker v. Whitsitt
Supreme Court of Florida · Decided April 1, 1949 · PER CURIAM.
39 So. 2d 715; 1949 Fla. LEXIS 1318 (Southern Reporter, Second Series)

Shomaker v. Whitsitt

Opinion of the Court

The petition for certiorari is denied.

ADAMS, C.J., and CHAPMAN and SEBRING, JJ., concur.

HOBSON, J., concurs specially.

Concurring Opinion

I concur in the order denying the petition for certiorari, although the effect of the denial may be a determination that the plaintiff need not explain, in and by her bill of complaint, her delay in instituting this action. However, it is not to be presumed that the learned Chancellor will fail to require of the plaintiff, before the entry of a final decree which might be favorable to the plaintiff, a reasonable and entirely satisfactory explanation of such delay. *Page 716

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