Summary
In Realty Holding Co. v. Noggle, 97 Fla. 643, 121 So. R. 883, the rule just stated was applied, though the decision was without opinion.
Summary of this case from Whitfield v. WebbOpinion
Decision filed April 25, 1929. Petition for rehearing denied June 4, 1929.
A Writ of Error to the Circuit Court for Polk County; H. C. Petteway, Judge.
Henry L. Jollay, for Plaintiff in Error;
Huffaker Edwards, for Defendants in Error.
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it is considered by the Court that the judgment should be reversed on authority of the opinion in the case of J. N. Ackley, plaintiff in error, v. H. W. Noggle et al, defendants in error, decided at this term of the Court and it is so ordered.
Reversed.
WHITFIELD, P. J., AND STRUM AND BUFORD, J. J., concur.
TERRELL, C. J., AND ELLIS AND BROWN, J. J., concur in the opinion and judgment.