Highway Engineering & Construction Co. v. Hillsborough County

• Decision Date: 30 September 1935
• Citation: 176 So. 76,129 Fla. 106
• Parties: HIGHWAY ENGINEERING & CONSTRUCTION COMPANY, a Corporation, Appellant v. HILLSBOROUGH COUNTY, Florida, Appellee.
• Court: Florida Supreme Court

176 So. 76

129 Fla. 106

HIGHWAY ENGINEERING & CONSTRUCTION COMPANY, a Corporation, Appellant v. HILLSBOROUGH COUNTY, Florida, Appellee.

Florida Supreme Court, Division B.

September 30, 1935

On Rehearing July 31, 1937.

Further Rehearing Denied September 15, 1937. Appeal from Circuit Court, Hillsborough County; L. L. Parks, judge.

COUNSEL

Knight, Thompson & Turner, of Tampa, Bedell & Bedell, of Jacksonville, A. G. Turner, of Tampa, and George C. Bedell, of Jacksonville, for appellant.

John B. Sutton, H. C. Tillman, and W. F. Himes, all of Tampa, for appellee.

Kay, Adams, Ragland & Kurz, Wm. E. Kay, and Thomas B. Adams, all of Jacksonville, amici curiae.

OPINION

TERRELL, Justice.

The bill of complaint in this case, the statute involved, and the relief prayed for are in all material respects the same as we find exhibited in Gulf Life Insurance Company, a Corporation, v. Hillsborough County (Fla.) 176 So. 72, decided and filed this date. In the latter case the complainant was the assignee of the certificates brought in question, while in this case the complainant was the original holder. The instant case is accordingly disposed of on authority of Gulf Life Insurance Company v. Hillsborough County (Fla.) 176 So. 72.

The decision of this court in C. E. Webb, and J. L. and W. L. Cone, Copartners as Cone Brothers, for the Use and Benefit of C. E. Webb, v. Hillsborough County, 175 So. 874, filed this date, is also pertinent and should be read in connection with this case.

Reversed on authority of and under same conditions as Gulf Life Insurance Company, a Corporation v. Hillsborough County, supra.

Reversed.

WHITFIELD, C.J., and BUFORD and DAVIS, JJ., concur.

BROWN, J., dissents.

On Petition for Rehearing.

TERRELL, Justice.

The petition for rehearing in this cause has been examined including the arguments and briefs of counsel which are found to be in substantial accord with that filed in C. E. Webb et al. v. Hillsborough County (Fla.) 175 So. 874, reviewed and disposed of this date.

Our former judgment herein is accordingly affirmed on authority of the last cited case.

Affirmed.

ELLIS, C.J., and BUFORD and CHAPMAN, JJ., concur.

BROWN, J., dissents.