Hawkins v. Perry
| Decision Date | 25 April 1941 |
| Citation | 1 So.2d 620,146 Fla. 766 |
| Parties | HAWKINS v. PERRY. |
| Court | Florida Supreme Court |
Rehearing Denied May 5, 1941.
Appeal from Circuit Court, Martin County; M. B. Smith, Judge.
Carroll Dunscombe, of Stuart, for appellant.
No appearance for appellee.
This case is before us on appeal entered the 2d day of October 1940. Notice of appeal states that the appeal is 'from that certain interlocutory order denying his motion to require the defendant to account and produce the records of plaintiff's estate, said order being recorded in Chancery Order Book 8 at page 192, and from the final decree dismissing his suit entered on the 23d day of July, 1940, in that certain cause pending in the Circuit Court for Martin County, Florida, in Chancery, wherein E. L. Hawkins as administrator aforesaid was plaintiff and Howard Perry was defendant, said decree being recorded in Chancery Order Book Number 8 at page 302 in the Clerk's office of said Court.'
It is noted that the appeal is from two orders. The first order, being referred to as being entered in Chancery Order Book 8 at page 192, was entered on March 1, 1940, and recorded on March 4 1940, in words and figures as follows:
'This cause coming on this day to be heard upon the Motion of the Plaintiff to require the Defendant to file a complete sworn accounting of the property of the estate of Wise Perry and for the production of books, records, etc., and upon argument of counsel the court being advised in the premises;
'It is hereby ordered that the said Motion be, and the same is hereby denied.
'Done and ordered in Chambers at Fort Pierce, Florida, this 1st day of March, A. D. 1940.'
The motion on which that order was entered was as follows:
'Comes now the plaintiff by his undersigned attorney and moves the court to require the defendant to file a complete sworn accounting of the property of the estate of Wise Perry that came into his hands, what disposition he has made of such property and support said accounting with receipted bills or vouchers in order to show the alleged debts so paid were lawful debts of said estate and thereafter to produce all the books, records and papers containing, or believed to contain evidence relative to the estate of Wise Perry deceased, which are in the possession or control of the defendant for inspection by the plaintiff before and use at the trial of such reasonable terms and conditions as may be...
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Del Castillo v. Ralor Pharmacy, Inc., 86-1023
...doing so under the doctrine that a party may not secure review of a judgment entered at his instance and request. See Hawkins v. Perry, 146 Fla. 766, 1 So.2d 620 (1941); Rubin v. Gordon, 165 So.2d 824 (Fla. 3d DCA 1964); cf. Lauda v. H.F. Mason Equip. Corp., 407 So.2d 392, 394 n. 5 (Fla. 3d......
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Volusia County v. Niles, 83-502
...responsible, or of rulings that he has invited the trial court to make. Bould v. Touchette, 349 So.2d 1181 (Fla.1977); Hawkins v. Perry, 146 Fla. 766, 1 So.2d 620 (1941); Hunter v. Employers Mutual Liability Ins. Co., 427 So.2d 199 (Fla. 2d DCA 1982), review denied, 434 So.2d 887 (Fla.1983)......
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Lauda v. H. F. Mason Equipment Corp.
...by cases in which the plaintiff attempts to appeal from an order which he himself solicits and procures. See, e.g., Hawkins v. Perry, 146 Fla. 766, 1 So.2d 620 (Fla.1941), and Rubin v. Gordon, 165 So.2d 824 (Fla. 3d DCA 1964), in which it was held that the plaintiff's appeal from an order d......
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AAA Auto Leasing, Inc. v. Morse Taxi & Baggage Transfer, Inc., 67--958
...exercised by the chancellor in ordering the injunction, nor has error been made to appear in permitting the intervention. Hawkins v. Perry, 146 Fla. 766, 1 So.2d 620; Arsenault v. Thomas, Fla.App.1958, 104 So.2d 120; City of Miami v. Bus Benches Co., Fla.App.1965, 174 So.2d 49; Schiffman v.......