McMullen, Et Ux. v. Orr

Supreme Court of Florida

McMullen, Et Ux. v. Orr

3 So. 2d 385, 147 Fla. 719, 1941 Fla. LEXIS 1352

DecidedJuly 8, 1941

StatusPublished

This text of 3 So. 2d 385 (McMullen, Et Ux. v. Orr) 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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McMullen, Et Ux. v. Orr, 3 So. 2d 385, 147 Fla. 719, 1941 Fla. LEXIS 1352 (Fla. 1941).

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Opinion

Per Curiam.

The question presented in this appeal is purely one of fact, namely, whether there was sufficient evidence that a partnership existed to justify the entry by the court of an order denying a motion to dissolve a temporary injunction.

From a perusal of the record, even though the order of the chancellor is given the weight to which it is entitled, we feel that his conclusion was clearly erroneous ; therefore, the writ of certiorari is awarded and the order denying the motion to dissolve the injunction is quashed with directions to enter one of contrary effect.

Brown, C. J., Terrell, Chapman and Thomas, J. J., concur.

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Per Curiam.

The question presented in this appeal is purely one of fact, namely, whether there was sufficient evidence that a partnership existed to justify the entry by the court of an order denying a motion to dissolve a temporary injunction.

From a perusal of the record, even though the order of the chancellor is given the weight to which it is entitled, we feel that his conclusion was clearly erroneous ; therefore, the writ of certiorari is awarded and the order denying the motion to dissolve the injunction is quashed with directions to enter one of contrary effect.

Brown, C. J., Terrell, Chapman and Thomas, J. J., concur.

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Bluebook (online)

3 So. 2d 385, 147 Fla. 719, 1941 Fla. LEXIS 1352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmullen-et-ux-v-orr-fla-1941.