Town of Miami Springs v. Marshall

Supreme Court of Florida

Town of Miami Springs v. Marshall

83 So. 2d 852

CourtSupreme Court of Florida

DecidedDecember 14, 1955

StatusPublished

Cited by1 cases

This text of 83 So. 2d 852 (Town of Miami Springs v. Marshall) 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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Town of Miami Springs v. Marshall, 83 So. 2d 852 (Fla. 1955).

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Opinion

O’CONNELL, Justice.

The law is well settled that the prevailing party is entitled to a final conclusion of the cause, and that being entitled to such is a substantial right of which the prevailing party could not be deprived, except upon clear grounds of equity and right. Muller v. Maxcy, Fla., 74 So.2d 879.

There were no clear grounds of equity and right, shown to exist in this case, such as would merit the entry of a decree without prejudice.

Therefore, that portion of the decree reading “without prejudice to the plaintiff’s” is improper.

This cause is remanded for the entry of an amended decree, not inconsistent with this opinion.

It is so ordered.

DREW, C. J., and TERRELL and HOB-SON, JJ., concur.

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