Adams v. Adams

Decision Date18 November 1936
Citation126 Fla. 217,170 So. 697
PartiesADAMS v. ADAMS.
CourtFlorida Supreme Court

Suit by Roland Adams against Ida May Adams. From a decree denying motion to dismiss the bill of complaint and from a decree denying motion for better bill of particulars except as to a certain paragraph after an amended bill was filed, the defendant appeals.

Affirmed. Appeal from Circuit Court, Duval County; Miles W. Lewis, judge.

COUNSEL

Newcomb Barrs, of Jacksonville, for appellant.

R. C. Dowling and W. H. Harwick, both of Jacksonville, for appellee.

OPINION

TERRELL, Justice.

Appellee brought suit against appellant for divorce. The chancellor denied a motion to dismiss the bill of complaint and granted a motion for better bill of particulars. An amended bill was filed and a motion for better bill of particulars was denied as to that except as to paragraph 5. This appeal is from both decrees.

It is contended that a chancellor cannot take judicial notice of his final decrees unless pleaded in the same manner required by the Supreme Court as a prerequisite to taking judicial notice of its opinions.

The chancellor answered this question in the negative. If it is properly before this court, we find no error in his answer. In deciding one case this court will not take judicial notice of what took place in the record of another unless brought to the attention of the pleader and made part of the record of the case under review. Atlas Land Corporation v. Norman, 116 Fla. 800, 156 So. 885.

Three other questions are argued, but they all go to the sufficiency of the original and the amended bill of complaint. The amended bill is a complete revision and restatement of the cause. Isolated portions of it might be susceptible to the assault made on it, but when read as a whole, it meets the requirement for good pleading.

Affirmed.

ELLIS, P.J., and BUFORD, J., concur.

WHITFIELD, C.J., and BROWN and DAVIS, JJ., concur in the opinion and judgment.

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4 cases
  • Novack v. Novack, s. 66--460
    • United States
    • Florida District Court of Appeals
    • 14 Marzo 1967
    ...the records in a different case pending or disposed of in the same court but outside the record in the case before him. See Adams v. Adams, 126 Fla. 217, 170 So. 697, and Cassels v. Ideal Farms Drainage District, 156 Fla. 152, 23 So.2d 247. The case before us illustrates the sense of the 'T......
  • Kostecos v. Johnson
    • United States
    • Florida Supreme Court
    • 3 Febrero 1956
    ...the records in a different case pending or disposed of in the same court but outside the record in the case before him. See Adams v. Adams, 126 Fla. 217, 170 So. 697, and Cassels v. Ideal Farms Drainage District, 156 Fla. 152, 23 So.2d 247. The case before us illustrates the sense of the Th......
  • Glass v. Armstrong, Z--404
    • United States
    • Florida District Court of Appeals
    • 13 Abril 1976
    ...the records in a different case pending or disposed of in the same court but outside the record in the case before him. See Adams v. Adams, 126 Fla. 217, 170 So. 697, and Cassels v. Ideal Farms Drainage District, 156 Fla. 152, 23 So.2d 247. The case before us illustrates the sense of the 'T......
  • Storrs v. Storrs
    • United States
    • Florida Supreme Court
    • 18 Noviembre 1936

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