City of South Miami v. Du Boise Const. Co.

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM.
Citation115 Fla. 619,155 So. 795
Decision Date25 June 1934
PartiesCITY OF SOUTH MIAMI v. DU BOISE CONST. CO.

155 So. 795

115 Fla. 619

CITY OF SOUTH MIAMI
v.

DU BOISE CONST. CO.

Florida Supreme Court

June 25, 1934


En Banc.

Action by the Du Boise Construction Company against the City of South Miami. To review a judgment in favor of the plaintiff, the defendant brings error. On motion to quash the writ of error and proceedings in error.

Judgment affirmed.

Appeal from Circuit Court, Dade County; Uly O. Thompson, Judge.

COUNSEL

[115 Fla. 620] John J. Lindsey and J. C. Sullivan, both of Miami, for plaintiff in error.

Chas. A. Morehead, of Miami, for defendant in error.

OPINION

PER CURIAM.

This case is before us on motion to quash the writ of error and proceedings in error. In considering the motion to quash, it has been necessary for us to make an examination of the record. See Willey et al. v. W. J. Hoggson Corporation et al., 89 Fla. 446, 105 So. 126, 130, where we said:

'Under sections 2920 and 3173, Revised General Statutes of 1920 [Comp. Gen. Laws 1927, §§ 4639, 4965], the Supreme Court is authorized and required to entertain motions to quash proceedings in error or by appeal, based upon the ground that such proceedings are taken merely for delay notwithstanding the case has not been reached for final hearing upon regular call of the docket.'

This case was heretofore before us. See Du Boise Construction Co. v. City of South Miami, 108 Fla. 362, 146 So. 833, 834.

In the beginning of the opinion in that case we said:

'This was an action by a contractor against the city of South Miami on its contract for public improvements. Motion for a directed verdict was denied, and the issues were submitted to a jury for trial. The jury found a verdict in favor of plaintiff for $5,000 damages. Upon motion for a new trial, the court set the verdict aside on the theory that the ruling of this court in Robert G. Lassiter & Co. v. Taylor, 99 Fla. 819, 128 So. 14, 69 A. L. R. 689, [155 So. 796] was applicable to this case and prohibited a recovery by plaintiff. Upon writ of error to that order granting defendant's motion for a new trial, the case is now before us for review.'

And the judgment was:

'Upon the authority of the cases last cited, the order [115 Fla. 621] herein, granting to defendant a new trial, is reversed, and the cause remanded, with directions to enter final judgment for the plaintiff below on the verdict, unless a motion in arrest of judgment or for judgment non obstante veredicto shall be...

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4 practice notes
  • Floyd v. State
    • United States
    • United States State Supreme Court of Florida
    • June 25, 1934
    ...she had never made her home with the defendant at all. The record shows that the child is being supported by its mother's parents. Under [155 So. 795] the rule stated in Stedman v. State, 80 Fla. 547, 86 So. 428, 430, the evidence in this case is not sufficient to warrant the conviction. Th......
  • National Sur. Corp. v. Sholtz for Use and Benefit of Tyler
    • United States
    • United States State Supreme Court of Florida
    • February 28, 1936
    ...judgment rendered must inevitably be affirmed when the case is finally reached in due course. City of South Miami v. DuBoise Const.Co., 115 Fla. 619, 155 So. 795; Treat v. State ex rel. Mitton (Fla.) 163 So. 883; Holtsberg v. McCarty, 117 Fla. 554, 158 So. 123. The motion to dismiss as friv......
  • Peacock v. State Ex Rel. American Mortgage & Finance Corp.
    • United States
    • United States State Supreme Court of Florida
    • December 14, 1935
    ...of this court in Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833; City of South Miami v. Duboise Const. Co., 115 Fla. 619, 155 So. 795. That mandamus lies to compel a municipal corporation to make provision for paying judgments duly rendered against it scarcely admits o......
  • Mcnally v. State Ex Rel. Bond Realization Corporation
    • United States
    • United States State Supreme Court of Florida
    • October 19, 1934
    ...judgment as last appealed from conforms to the Supreme Court's mandate. City of South [117 Fla. 34] Miami v. Du Bois Const. Co. (Fla.) 155 So. 795. In this case practically all of the alleged errors now attempted to be assigned and argued were deemed to have been raised too late on the firs......
4 cases
  • Floyd v. State
    • United States
    • United States State Supreme Court of Florida
    • June 25, 1934
    ...she had never made her home with the defendant at all. The record shows that the child is being supported by its mother's parents. Under [155 So. 795] the rule stated in Stedman v. State, 80 Fla. 547, 86 So. 428, 430, the evidence in this case is not sufficient to warrant the conviction. Th......
  • National Sur. Corp. v. Sholtz for Use and Benefit of Tyler
    • United States
    • United States State Supreme Court of Florida
    • February 28, 1936
    ...judgment rendered must inevitably be affirmed when the case is finally reached in due course. City of South Miami v. DuBoise Const.Co., 115 Fla. 619, 155 So. 795; Treat v. State ex rel. Mitton (Fla.) 163 So. 883; Holtsberg v. McCarty, 117 Fla. 554, 158 So. 123. The motion to dismiss as friv......
  • Peacock v. State Ex Rel. American Mortgage & Finance Corp.
    • United States
    • United States State Supreme Court of Florida
    • December 14, 1935
    ...of this court in Duboise Const. Co. v. City of South Miami, 108 Fla. 362, 146 So. 833; City of South Miami v. Duboise Const. Co., 115 Fla. 619, 155 So. 795. That mandamus lies to compel a municipal corporation to make provision for paying judgments duly rendered against it scarcely admits o......
  • Mcnally v. State Ex Rel. Bond Realization Corporation
    • United States
    • United States State Supreme Court of Florida
    • October 19, 1934
    ...judgment as last appealed from conforms to the Supreme Court's mandate. City of South [117 Fla. 34] Miami v. Du Bois Const. Co. (Fla.) 155 So. 795. In this case practically all of the alleged errors now attempted to be assigned and argued were deemed to have been raised too late on the firs......

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