Cathrae v. Ford

Supreme Court of Florida

Cathrae v. Ford

195 So. 700, 142 Fla. 697

DecidedApril 30, 1940

StatusPublished

This text of 195 So. 700 (Cathrae v. Ford) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cathrae v. Ford, 195 So. 700, 142 Fla. 697 (Fla. 1940).

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Opinion

Per Curiam.

This cause having heretofore béen' submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the *698 respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree, except as to the allowance therein of a fee to plaintiff’s attorney, a majority of the Court being of the opinion that this cause is not controlled by the partition statute.' It is therefore considered, ordered and decreed by the Court that the said decree of the circuit court, after omission of the allowance of a fee to plaintiff’s attorney, be, and the same is hereby affirmed. Costs of appeal shall be taxed in equal amounts against the respective parties appellants and appellees.

So ordered.

Whitfield, P. J., and Brown and Chapman, J. J., concur. Terrell, C. J., concurs in opinion and judgment. Justices Buford and Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

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Per Curiam.

This cause having heretofore béen' submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the *698 respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree, except as to the allowance therein of a fee to plaintiff’s attorney, a majority of the Court being of the opinion that this cause is not controlled by the partition statute.' It is therefore considered, ordered and decreed by the Court that the said decree of the circuit court, after omission of the allowance of a fee to plaintiff’s attorney, be, and the same is hereby affirmed. Costs of appeal shall be taxed in equal amounts against the respective parties appellants and appellees.

So ordered.

Whitfield, P. J., and Brown and Chapman, J. J., concur. Terrell, C. J., concurs in opinion and judgment. Justices Buford and Thomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.

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Bluebook (online)

195 So. 700, 142 Fla. 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cathrae-v-ford-fla-1940.