Evans v. Jones

Supreme Court of Florida

Evans v. Jones

195 So. 415, 142 Fla. 607, 1940 Fla. LEXIS 1421

Supreme Court of Florida·Decided April 12, 1940·Published

Opinion

Per Curiam.

This appeal is from an order dismissing an amended bill of complaint with leave to amend. The allegations of the amended bill of complaint do not wholly fail to state an equity for some relief upon sufficient proofs within the scope of the allegations; therefore the bill of complaint should stand with leave to amend later if need be to meet the proofs, so that equity may be done in the premises.

Reversed and remanded.

Whitfield, P. J., and Brown and Chapman, J. J., concur. Buford, J., concurs in opinion and judgment. Justices Terrell 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 appeal is from an order dismissing an amended bill of complaint with leave to amend. The allegations of the amended bill of complaint do not wholly fail to state an equity for some relief upon sufficient proofs within the scope of the allegations; therefore the bill of complaint should stand with leave to amend later if need be to meet the proofs, so that equity may be done in the premises.

Reversed and remanded.

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

Evans v. Jones, 195 So. 415, 142 Fla. 607, 1940 Fla. LEXIS 1421 (Fla. 1940).

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