Kilgore v. Larry Dimmitt, Inc.

Supreme Court of Florida

Kilgore v. Larry Dimmitt, Inc.

153 So. 138, 114 Fla. 69, 1934 Fla. LEXIS 1779

DecidedFebruary 27, 1934

StatusPublished

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Bluebook

Kilgore v. Larry Dimmitt, Inc., 153 So. 138, 114 Fla. 69, 1934 Fla. LEXIS 1779 (Fla. 1934).

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Opinion

Per Curiam.

— Petitioner, B. Kilgore, was sued in the 'County Court of Pinellas County in an action at law. Demurrer to the plaintiff’s declaration was interposed by him, sustained by the county judge, and final judgment consequent entered for Kilgore on his demurrer. Thereafter on appeal from the county court to the circuit court, the judgment of the county court was reversed and the cause remanded to the county court with directions to overrule the defendant’s demurrer to the plaintiff’s declaration and proceed according to law.

Under such circumstances the petition for certiorari from this Court is premature and should be dismissed on the authority of First National Bank v. Gibbs, 78 Fla. 118, 82 Sou. Rep. 618; Holmberg v. Toomer, 78 Fla. 116, 82 Sou. Rep. 620; Hartford Accident & Indemnity Co. v. City of Thomasville, 100 Fla. 748, 130 Sou. Rep. 7; Rifas v. Gross, 106 Fla. 708, 143 Sou. Rep. 600.

Petition for certiorari dismissed.

Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.

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Per Curiam.

— Petitioner, B. Kilgore, was sued in the 'County Court of Pinellas County in an action at law. Demurrer to the plaintiff’s declaration was interposed by him, sustained by the county judge, and final judgment consequent entered for Kilgore on his demurrer. Thereafter on appeal from the county court to the circuit court, the judgment of the county court was reversed and the cause remanded to the county court with directions to overrule the defendant’s demurrer to the plaintiff’s declaration and proceed according to law.

Under such circumstances the petition for certiorari from this Court is premature and should be dismissed on the authority of First National Bank v. Gibbs, 78 Fla. 118, 82 Sou. Rep. 618; Holmberg v. Toomer, 78 Fla. 116, 82 Sou. Rep. 620; Hartford Accident & Indemnity Co. v. City of Thomasville, 100 Fla. 748, 130 Sou. Rep. 7; Rifas v. Gross, 106 Fla. 708, 143 Sou. Rep. 600.

Petition for certiorari dismissed.

Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.

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Bluebook (online)

153 So. 138, 114 Fla. 69, 1934 Fla. LEXIS 1779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilgore-v-larry-dimmitt-inc-fla-1934.

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