Deauville Realty Co. v. Tobin, 58-495
| Decision Date | 14 May 1959 |
| Docket Number | No. 58-495,58-495 |
| Citation | 111 So.2d 743 |
| Court | Florida District Court of Appeals |
| Parties | DEAUVILLE REALTY CO., Inc., and Deauville Enterprises, Inc., Appellants, v. Samuel H. TOBIN, individually and doing business as Tobin & Tobin, and Joseph Norwood, Appellees. |
Rothenberg & Burris, Miami Beach, and Richard H. Hunt, Miami, for appellants.
Don G. Nicholson, Miami, for Samuel H. Tobin, and Hollis Rinehart, Miami, for Joseph Norwood, appellees.
Following affirmance of the judgment and denial of petition for rehearing, appellants have filed an extraordinary petition for rehearing in the nature of an application for a writ of error coram nobis, seeking to have the cause remanded to the trial court to move again there for a new trial on the ground of certain newly discovered evidence, bearing on an issue which was concluded by the verdicts and the judgment.
The petition discloses that the evidence in question was in the possession and knowledge of an attorney who represented appellants in the transaction involved, and, therefore, was not unavailable during the trial. It was not shown to be newly discovered evidence, but on the contrary, was forgotten evidence, now newly remembered.
On the showing made on this petition we hold that the movant is not entitled to the relief sought. See Vining v. American Bakeries Co., 121 Fla. 116, 163 So. 396; 121 Fla. 122, 163 So. 519; 7 Fla.Jur., Coram Nobis, §§ 10, et seq.
The extraordinary petition is denied.
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Deauville Realty Co. v. Tobin, 58-495
...against one E. M. Loew, president of defendant corporations. The first such petition was denied by this court (Deauville Realty Co. v. Tobin, Fla.App.1959, 111 So.2d 743), and certiorari thereto was denied by the Supreme Court (115 So.2d 8). Thereafter, although appellants' petition for lea......
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State ex rel. Tobin v. Holt, 59-662
...that the opinion of this court reported at 109 So.2d 602 and the opinion of this court upon the extraordinary petition, reported at 111 So.2d 743 were examined. Following that denial of certiorari by the Supreme Court, this Court's mandate to the circuit court was Thereafter, nevertheless, ......
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C. A. Davis, Inc. v. K & R Elec., Inc.
...was known to them at the time of the trial. Vining v. American Bakeries Co., 121 Fla. 116, 163 So. 396 (1935); Deauville Realty Co., Inc. v. Tobin, 111 So.2d 743 (Fla.3d DCA 1959). Therefore, for the reasons above stated, the final judgment here under review be and the same is hereby Affirm......
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Chambers v. Chambers
...for leave to file a petition before that court in the nature of a petition for writ of error coram nobis. See Deauville Realty Co. v. Tobin, Fla.App.1959, 111 So.2d 743, and Deauville Realty Co. v. Tobin, FlaApp.1960, 120 So.2d 198. Considering the present motion to encompass such a request......