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Jacques v. Wellington Corp.

Supreme Court of Florida
Oct 11, 1938
183 So. 22 (Fla. 1938)

Opinion

Opinion Filed October 11, 1938

A writ of error to the Circuit Court for Dade County, Arthur Gomez, Judge.

A. Patrick Cannon and Mercer and Simms, for Plaintiff in Error;

Wilson Trammell and Whitfield Whitfield, for Defendant in Error.


ON PETITION FOR REHEARING


The petition for rehearing should be granted because this Court overlooked and failed to consider the force and effect of that part of the order here under review wherein the Circuit Judge said:

"The above styled and entitled cause comes on before this Court to be heard solely and only upon the petition of the petitioner filed July 21, 1938;"

On review of the Order of the Circuit Court the Appellate Court should confine itself to consideration of only those matters and questions which were before the lower court and should not go beyond the record made and appearing in the lower court.

The question of the power of the County Judge to direct a verdict for either party was not presented to the lower court.

Rehearing granted.

ELLIS, C.J., and TERRELL and BUFORD, J.J., concur.

WHITFIELD, P.J., and BROWN and CHAPMAN, J.J., concur in the opinion and judgment.


Summaries of

Jacques v. Wellington Corp.

Supreme Court of Florida
Oct 11, 1938
183 So. 22 (Fla. 1938)
Case details for

Jacques v. Wellington Corp.

Case Details

Full title:R.E. JACQUES v. WELLINGTON CORPORATION

Court:Supreme Court of Florida

Date published: Oct 11, 1938

Citations

183 So. 22 (Fla. 1938)
183 So. 22
183 So. 718

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