Whyte v. Coast Cities Coaches, Inc.

Full title: NELSON L. WHYTE AND EDNA R. HICKLING, AS ADMINISTRATRIX OF THE ESTATE OF…

Court: District Court of Appeal of Florida, Third District

Date published: Sep 21, 1964

167 So. 2d 25 (Fla. Dist. Ct. App. 1964)

Opinion

No. 64-336.

August 11, 1964. Rehearing Denied September 21, 1964.

Appeal from the Circuit Court for Dade County, Francis J. Christie, J.

L.J. Cushman and Joseph A. Perkins, S. Grover Morrow, Miami, for appellants.

Shutts, Bowen, Simmons, Prevatt Boureau, Miami, for appellees.

Before CARROLL, HORTON and HENDRY, JJ.

PER CURIAM.

In 1960 the appellee sought to sell the Coast Cities Coaches, Inc. to the Metropolitan Dade County Transit Authority, and this court affirmed the chancellor's injunction prohibiting such action until such time as appellants had been paid for their stock pursuant to the agreement of 1952.¹

1 Coast Cities Coaches, Inc. v. Whyte, Fla.App. 1961, 130 So.2d 121.

The present suit instituted by the appellees, for all practical purposes, sought the same relief, and is clearly controlled by the "law of the case".² It was therefore error for the chancellor to fail to dismiss the complaint.

2 Leybourne v. Furlong, Fla.App. 1964, 161 So.2d 221.

Accordingly, the interlocutory order appealed is reversed and remanded with instructions to the chancellor to enter an order dismissing the complaint.

Reversed and remanded with directions.