Peninsula Terminal Co. v. Townsend

Supreme Court of Florida

Peninsula Terminal Co. v. Townsend

151 So. 520, 113 Fla. 104, 1933 Fla. LEXIS 1681

CourtSupreme Court of Florida

DecidedDecember 4, 1933

Docket3

StatusPublished

This text of 151 So. 520 (Peninsula Terminal Co. v. Townsend) 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

Peninsula Terminal Co. v. Townsend, 151 So. 520, 113 Fla. 104, 1933 Fla. LEXIS 1681 (Fla. 1933).

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Opinion

Per Curiam.

This is a companion case to that of Peninsula Terminal Company v. Zaring, et ux., this day decided, and that of Peninsula Terminal Company v. J. S. Sterling, likewise decided this day. The issue involved and the decree appealed from in each case, are in substance the same, and this Court has determined that they should be disposed of in the same manner.

For the reasons pointed out in. the opinion in the case of Peninsula Terminal Company v. Zaring, supra, the decree herein is affirmed in part and reversed in part, and the cause remanded to the Circuit Court with directions to enter an amended final decree from the complainant below, in such form as to eliminate therefrom all allowance to complainant on the moneys adjudged to be returned to him, except interest from the date of the institution of this suit in the court below. The costs of this appeal are taxed equally against appellant and appellee, mandate to issue accordingly.

Affirmed in part and reversed in part.

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

Buford, J., dissents.

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Per Curiam.

This is a companion case to that of Peninsula Terminal Company v. Zaring, et ux., this day decided, and that of Peninsula Terminal Company v. J. S. Sterling, likewise decided this day. The issue involved and the decree appealed from in each case, are in substance the same, and this Court has determined that they should be disposed of in the same manner.

For the reasons pointed out in. the opinion in the case of Peninsula Terminal Company v. Zaring, supra, the decree herein is affirmed in part and reversed in part, and the cause remanded to the Circuit Court with directions to enter an amended final decree from the complainant below, in such form as to eliminate therefrom all allowance to complainant on the moneys adjudged to be returned to him, except interest from the date of the institution of this suit in the court below. The costs of this appeal are taxed equally against appellant and appellee, mandate to issue accordingly.

Affirmed in part and reversed in part.

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

Buford, J., dissents.

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Bluebook (online)

151 So. 520, 113 Fla. 104, 1933 Fla. LEXIS 1681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peninsula-terminal-co-v-townsend-fla-1933.