Harrell v. Schleman

Supreme Court of Florida

Harrell v. Schleman

36 So. 2d 431, 160 Fla. 544, 1948 Fla. LEXIS 792

CourtSupreme Court of Florida

DecidedJune 8, 1948

StatusPublished

Cited by4 cases

This text of 36 So. 2d 431 (Harrell v. Schleman) 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

Harrell v. Schleman, 36 So. 2d 431, 160 Fla. 544, 1948 Fla. LEXIS 792 (Fla. 1948).

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Opinions

This is a suit wherein the plaintiff-appellant sought an injunction against appellees to enjoin the defendants from imposing and collecting license taxes upon plaintiff's stamp vending machines, according to the provisions of Sec. 205.63 and 205.02, F.S. 1941, F.S.A.

The bill was filed on January 29, 1947, and was heard on a "motion to dismiss" on October 18, 1947. In the meantime, Chapter 23,740, Acts of 1947, became effective. This 1947 Act exempts stamp machines from payment of excise or license taxes. It is very likely that the enactment of Chapter 23,740 was not known to the parties or to the Chancellor.

The decree appealed should be and it is reversed.

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

TERRELL and ADAMS, JJ., dissent.

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