Gribbel v. Henderson
| Decision Date | 16 July 1943 |
| Citation | 153 Fla. 397,14 So.2d 809 |
| Court | Florida Supreme Court |
| Parties | Wakeman Griffin GRIBBEL, et al., as Executors, etc., Petitioners, v. T. N. HENDERSON, Jr., et al., respondents. |
Rehearing Denied Sept. 10, 1943.
Appeal from Circuit Court, Hillsborough County; L. L. Parks, Judge.
On rehearing.
Judgment, 10 So.2d 734, affirmed.
Carl T. Hoffman, L. L. Robinson, and Sam C. Matthews, all of Miami, and J. Lewis Hall, of Tallahassee, for petitioners.
Tillman & Henderson and Mabry, Reaves, Carlton & White, all of Tampa, for respondents.
A rehearing having been granted and the Court having heard oral argument and further considered the record and briefs, it is ordered that we now adhere to our former judgment.
SEBRING, J., not participating.
On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show that the defendant-executors under the Gribbel will are barred from pleading the statute of nonclaim. It is my opinion that the plea of nonclaim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.
So the order striking the plea should be quashed.
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Canzoniero v. Canzoniero, 73--1441
... ... McGee v. McGee, 156 Fla. 346, 22 So.2d 788 (1945); Gribbel v. Henderson, 151 Fla. 712, 10 So.2d 734 (1942), aff'd 153 Fla. 397, 14 So.2d 809 (1943); McDoniel v. McElvy, 91 Fla. 770, 108 So. 820 (1926); Crews ... ...
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Zieman v. Cosio
... ... Gribbel v. Henderson, 151 Fla. 712, 10 So.2d 734 (1942), aff'd, 153 Fla. 397, 14 So.2d 809 (1943). In this case the action is more precisely a quasi-in-rem ... ...
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Abbate v. Provident Nat. Bank, 93-1281
... ... Gribbel v. Henderson, 151 Fla. 712, 10 So.2d 734 (1942), aff'd, 153 Fla. 397, 14 So.2d 809 (1943) (en banc). Jurisdiction is perfected by the proper service ... ...
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Gould v. Brick, 22335.
... ... v. Allison, Fla., 81 So.2d 734. See Perry v. Shaw, 152 Fla. 765, 13 So.2d 811, 147 A.L.R. 352; Gribbel v. Henderson, 151 Fla. 712, 10 So.2d 734, aff. 153 Fla. 397, 14 So.2d 809. We think Professor Nadler has correctly stated the Florida rule as it is ... ...