State v. City of Avon Park

• Decision Date: 10 November 1932
• Court: Florida Supreme Court
• Parties: The STATE of Florida, on relation of the ATTORNEY GENERAL, joined by numerous Corelators, Relators v. CITY OF AVON PARK, a municipal corporation of Florida, Respondent.

144 So. 306

108 Fla. 640

The STATE of Florida, on relation of the ATTORNEY GENERAL, joined by numerous Corelators, Relators

v.

CITY OF AVON PARK, a municipal corporation of Florida, Respondent.

Florida Supreme Court

November 10, 1932

HEADNOTES

COUNSEL

Walker & Willson, of Bartow, Giles & Gurney, of Orlando, and Mabry, Reaves & White, of Tampa, for relators.

S. C. Pardee, of Avon Park, for respondent.

OPINION

PER CURIAM.

This cause coming on to be heard upon the demurrer of the relators to the respondent's answer, as well as demurrers to portions of the answer and motion to strike portions of the answer, it is the judgment of the court that the demurrer to the respondent's answer should be, and the same is hereby, sustained upon the authority of the case of State ex rel. Davis, Attorney General et al. v. City of Stuart, 97 Fla. 69, 120 So. 335, 64 A. L. R. 1307. It is so ordered.

This ruling makes it unnecessary to pass upon said demurrers to portions of the answer and said motion to strike portions of the answer.

It is further ordered that the respondent be given leave to file an amended answer within 20 days from this date. Demurrer to answer sustained.

BUFORD, C.J., and WHITFIELD, ELLIS, TERRELL, and BROWN, JJ., concur.

DAVIS, J., disqualified.