Clarke v. Clarke

Supreme Court of Florida

Clarke v. Clarke

77 So. 2d 448

DecidedJanuary 18, 1955

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This text of 77 So. 2d 448 (Clarke v. Clarke) 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.

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Clarke v. Clarke, 77 So. 2d 448 (Fla. 1955).

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Opinion

PER CURIAM.

Certiorari granted. The order of reference to which petitioner neither acquiesced or consented, but objected, is quashed on authority of Slatcoff v. Dezen, Fla., 74 So.2d 59.

Petitioner also complains of the chancellor’s denial of his motion to dismiss the complaint. It appearing that the complaint is deficient but amendable, that portion of the order denying the motion to dismiss is quashed with directions to the chancellor to permit such amendment as in his discretion he deems right and proper.

MATHEWS, C. J., and THOMAS, HOBSON, ROBERTS and DREW, JJ., concur.

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PER CURIAM.

Certiorari granted. The order of reference to which petitioner neither acquiesced or consented, but objected, is quashed on authority of Slatcoff v. Dezen, Fla., 74 So.2d 59.

Petitioner also complains of the chancellor’s denial of his motion to dismiss the complaint. It appearing that the complaint is deficient but amendable, that portion of the order denying the motion to dismiss is quashed with directions to the chancellor to permit such amendment as in his discretion he deems right and proper.

MATHEWS, C. J., and THOMAS, HOBSON, ROBERTS and DREW, JJ., concur.

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77 So. 2d 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarke-v-clarke-fla-1955.

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