Chapman v. St. Stephens Protestant Episcopal Church, Inc.

Citation139 So. 188,105 Fla. 683
PartiesG. A. CHAPMAN, Appellant v. ST. STEPHENS PROTESTANT EPISCOPAL CHURCH, Inc., a Corporation Not for Profit Under the Laws of the State of Florida, and the Trustees of the Diocese of South Florida, a Corporation Not for Profit Under the Laws of the State of Florida, Appellees.
Decision Date27 January 1932
CourtUnited States State Supreme Court of Florida

On rehearing. For original opinion, see 136 So. 238. See, also, 138 So. 630. Appeal from Circuit Court, Dade County; Paul D. Barns, Judge.

COUNSEL

Blackwell & Gray, of Miami, for appellant.

R. A. Johnston, of Miami, for appellees.

OPINION

PER CURIAM.

The mandate in this case having been ordered recalled on January 6, 1932, and the cause reinstated upon the docket for further consideration of the judgment to be entered herein, it is now ordered that a rehearing be granted in this cause, with privilege to either of the parties to file briefs and reply briefs on the merits, within thirty days; copies to be served upon opposing counsel, the briefs and arguments to eliminate from consideration any contention that trust property held by a church or religious society is exempt from mechanic's lien under the statutes applicable thereto and referred to in the original opinion filed in this cause. The original opinion of the court on this subject is adhered to on this rehearing, in so far as the applicability of the mechanic's lien laws to the facts shown of record is concerned.

BUFORD, C.J., and WHITFIELD, ELLIS, TERRELL, BROWN, and DAVIS, JJ., concur.

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10 cases
  • Olds v. Alvord
    • United States
    • Florida Supreme Court
    • 20 June 1939
    ...and effect of the former order or judgment. The case of Chapman v. St. Stephens Protestant Episcopal Church, 105 Fla. 683, 136 So. 238, 138 So. 630, 139 188, 145 So. 757, 84 A.L.R. 566, is strong authority for the proposition that, in spite of the fact that an order or judgment may have bee......
  • Barth v. City of Miami
    • United States
    • Florida Supreme Court
    • 8 April 1941
    ... ... CHAPMAN, Justice ... On November 18, ... 1938, ... rehearing. See Chapman v. St. Stephens Protestant ... Episcopal Church, 105 Fla. 683, ... ...
  • Hollingsworth v. Arcadia Citrus Growers Ass'n
    • United States
    • Florida Supreme Court
    • 7 June 1934
    ...v. Florida Land & Mortg. Co., 33 Fla. 356, 14 So. 796; Chapman v. St. Stephens Protestant Episcopal Church, 105 Fla. 683, 136 So. 238, 138 So. 630, 139 So. 188, 145 So. 757; Foster Thornton, 119 Fla. 49, 160 So. 490, and similar cases. In view of the irreconcilable differences of opinion wh......
  • Lindus v. Northern Ins. Co. of New York
    • United States
    • Arizona Supreme Court
    • 28 February 1968
    ...& H.R. Co., 351 U.S. 183, 76 S.Ct. 758, 100 L.Ed. 1075; Chapman v. St. Stephens Protestant Episcopal Church, 105 Fla. 683, 136 So. 238, 138 So. 630, 139 So. 188, 145 So. 757, 84 A.L.R. A decision to recall a mandate must of necessity include a balancing of competing interests. Where the int......
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