Capital Finance Corp. v. Giles

• Decision Date: 20 July 1933
• Citation: 111 Fla. 527,149 So. 585
• Parties: CAPITAL FINANCE CORPORATION v. GILES et al.
• Court: Florida Supreme Court

149 So. 585

111 Fla. 527

CAPITAL FINANCE CORPORATION v. GILES et al.

Florida Supreme Court, Division B.

July 20, 1933

Suit by the Capital Finance Corporation, a corporation organized and existing under and by virtue of the laws of the State of Florida, against Ruth M. Giles and others. From an order dismissing the bill of complaint, the complainant appeals.

Reversed.

ELLIS, J., dissenting.

COUNSEL Appeal from Circuit Court, Marion County; W. S. Bullock, judge.

Alonzo P. Meadows, of Ocala, and Clyde W. Atkinson, of Tallahassee, for appellant.

F. R. Hocker, of Ocala, for appellees.

OPINION

PER CURIAM.

In this case the appeal is from an order dismissing a bill of complaint filed by one who is alleged to be the assignee, owner, and holder of a tax sale certificate issued to the state of Florida for unpaid taxes. The bill of complaint complies with the 1931 Chancery Practice Act (chapter 14658) in regard to the allegations of ultimate facts and, therefore, contains sufficient allegations to constitute a basis for the relief prayed.

Amongst other things, the motions to dismiss raised the question of the right of the complainant to foreclose a tax sale certificate for the face value thereof together with subsequent and omitted taxes paid by the complainant when the certificate was bought and assigned to the complainant for less than the face value thereof.

The contention of the appellee has been settled adversely by this court in the case of Patterson v. Crenshaw, 148 So. 543, opinion filed May 24, 1933. On authority of that case, and because it appears that in so far as the sufficiency of the allegations is concerned the 1931 Chancery Practice Act has been complied with, the orders appealed from should be reversed, and it is so ordered.

Reversed.

WHITFIELD, TERRELL, BROWN, and BUFORD, JJ., concur.

ELLIS, J., dissents.