Scott v. Terry

District Court of Appeal of Florida

Scott v. Terry

326 So. 2d 73, 1976 Fla. App. LEXIS 14260

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 1976

DocketNo. Y-21

StatusPublished

Cited by2 cases

This text of 326 So. 2d 73 (Scott v. Terry) is published on Counsel Stack Legal Research, covering District Court of Appeal 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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Scott v. Terry, 326 So. 2d 73, 1976 Fla. App. LEXIS 14260 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

We have carefully considered the record on appeal, briefs filed by able counsel and oral arguments. Based thereon we do not find that the trial judge committed the procedural errors urged by appellants. Further, we find that there is substantial competent evidence in the record to sustain the final judgment here appealed. Finally, appellants urge that the principles announced in Durham v. Edwards, 1905, 50 Fla. 495, 38 So. 926, cited by both appellants and appellees, should be reexamined because of changes in general accounting procedures resulting from federal income tax laws which have come into being since the date of that decision. Assuming, arguendo, that appellants’ position is well taken, we have been stringently admonished that if principles announced by our Supreme Court are to be revisited, reconsidered, or revised, that prerogative rests exclusively with the Supreme Court and not with us. (See Hoffman v. Jones, Fla.1973, 280 So.2d 431). Accordingly, the judgment here appealed is

Affirmed.

BOYER, C. J„ and McCORD and MILLS, JJ., concur.

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PER CURIAM.

We have carefully considered the record on appeal, briefs filed by able counsel and oral arguments. Based thereon we do not find that the trial judge committed the procedural errors urged by appellants. Further, we find that there is substantial competent evidence in the record to sustain the final judgment here appealed. Finally, appellants urge that the principles announced in Durham v. Edwards, 1905, 50 Fla. 495, 38 So. 926, cited by both appellants and appellees, should be reexamined because of changes in general accounting procedures resulting from federal income tax laws which have come into being since the date of that decision. Assuming, arguendo, that appellants’ position is well taken, we have been stringently admonished that if principles announced by our Supreme Court are to be revisited, reconsidered, or revised, that prerogative rests exclusively with the Supreme Court and not with us. (See Hoffman v. Jones, Fla.1973, 280 So.2d 431). Accordingly, the judgment here appealed is

Affirmed.

BOYER, C. J„ and McCORD and MILLS, JJ., concur.

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326 So. 2d 73, 1976 Fla. App. LEXIS 14260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-terry-fladistctapp-1976.

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