State Road Dept. v. Lewis

79 So. 2d 699, 1955 Fla. LEXIS 3458
CourtSupreme Court of Florida
DecidedJanuary 28, 1955
StatusPublished
Cited by7 cases

This text of 79 So. 2d 699 (State Road Dept. v. Lewis) 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
State Road Dept. v. Lewis, 79 So. 2d 699, 1955 Fla. LEXIS 3458 (Fla. 1955).

Opinions

DREW, Justice.

The history of this litigation and the pertinent facts are set forth in the dissenting opinion of Chief Justice Mathews in this cause. We are of the view that the sole question presented in the petition for cer-tiorari is whether or not the lower court committed error when it denied the motion for summary final decree. Inasmuch as there appears to be a material issue of fact created by the complaint and the answer of the State Road Department, it would be improper to quash the order of the chancellor at this point in the litigation. Certio-rari, which is directed solely to the denial of a motion for summary final decree, is denied.

TERRELL, THOMAS and HOBSON, JJ., concur. MATHEWS, C. J., and SEBRING and ROBERTS, JJ., dissent.

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Related

McNulty v. Atlantic Coast Line Railroad
199 So. 2d 706 (Supreme Court of Florida, 1967)
State Road Department v. Lewis
170 So. 2d 817 (Supreme Court of Florida, 1964)
State Road Department v. Lewis
156 So. 2d 862 (District Court of Appeal of Florida, 1963)
Lewis v. State Road Department of Florida
95 So. 2d 248 (Supreme Court of Florida, 1957)
Weir v. Palm Beach County
85 So. 2d 865 (Supreme Court of Florida, 1956)
Collier v. City of Homestead
81 So. 2d 201 (Supreme Court of Florida, 1955)

Cite This Page — Counsel Stack

Bluebook (online)
79 So. 2d 699, 1955 Fla. LEXIS 3458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-road-dept-v-lewis-fla-1955.