Blanchard v. Commonwealth Oil Co.
Decision Date | 07 May 1954 |
Citation | 72 So.2d 664 |
Parties | BLANCHARD v. COMMONWEALTH OIL CO. et al. |
Court | Florida Supreme Court |
Taylor & Burr, Miami, for petitioner.
Anderson & Nadeau, Miami, for respondents.
Petition for certiorari under Rule 34 has been taken by the original plaintiff in the lower court to review an order of the Circuit Judge denying a motion of said original plaintiff to dismiss his complaint without prejudice.
The original complaint was filed on October 1, 1953, by petitioner Blanchard 'on behalf of himself and all other stockholders of Florida Exploration Company similarly situated' against Commonwealth Oil Company, Florida Exploration Company, Cracker Oil Company, J. L. McLeod, Henry Driggers, Frank J. Pepper and Thomas H. Anderson. On October 2, 1953, petitioner filed a sworn petition for temporary restraining order and set the same for a hearing before the Chancellor on October 6th. On October 13th the Chancellor entered an order 'that the application [for temporary injunction] be and the same is hereby denied.' On October 15, 1953, petitioner filed a motion for an order dismissing the cause without prejudice. On November 13, 1953, the Chancellor denied such motion by an order reading as follows:
'The plaintiff's motion to dismiss is denied since the Court's order denying the injunction required an adjudication on the merits of the plaintiff's case, as reflected by the bill, rather than an adjudication of an ancillary question.'
The record before us shows that up to the time of the entry of the above order none of the defendants below had filed any pleadings of any nature whatever in the proceedings.
As to the right of the original plaintiff to dismiss his bill, we said, in Marshall v. Krantz, 93 Fla. 730, 737, 113 So. 110, 113:
See also Smith v. Milham, 94 Fla. 1159, 115 So. 532; ...
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Blanchard v. Commonwealth Oil Company
...the intention of pursuing further remedies in the federal court. The dismissal was apparently authorized on appeal, Blanchard v. Commonwealth Oil Co., Fla., 72 So.2d 664, but in the trial court on remand dismissal was denied. See Ermentrout v. Commonwealth Oil Co., 5 Cir., 1955, 220 F.2d 52......
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Ermentrout v. Commonwealth Oil Company
...§ 612.36. 2 Florida Statutes Annotated, § 608.20. 3 On May 7, 1954, the Supreme Court of Florida reversed the order, Blanchard v. Commonwealth Oil Co., 72 So.2d 664, 665, stating that: "In the state of the record at the time the order here being reviewed was entered, we think the complainan......
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Blanchard v. Commonwealth Oil Co.
...that the corporation be dissolved and the assets be reconveyed to the shareholders. This court granted certiorari. Blanchard v. Commonwealth Oil Co., Fla. 1954, 72 So.2d 664. A motion to dismiss the complaint was denied. A second petition for certionari was denied. Blanchard v. Commonwealth......