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STATE OF FLORIDA Ex Rel. MERCANTILE INVESTMENT & HOLDING CO., a Florida Corporation, Also Known as Mercantile Investment and Holding Company, a Florida Corporation, v. HONORABLE GEORGE W. TEDDER, Judge of the Circuit Court of the Fifteenth Judicial Circuit of Florida, in and for BROWARD COUNTY, and C. R. GILLILAND
Opinions in this case
- Majority — Adams
- Addendum — Adams
ADAMS, J.:
Heretofore this Court issued its rule nisi in prohibition. Returns have now been filed and we will determine the sufficiency of same.
This case was before us to review a judgment for plaintiff based upon a declaration in special and general assumpsit. Mercantile Inv. & Holding Co. v. Gilliland, 3 So. 2nd. 149. The gist of our holding was that special assumpsit would not lie and the evidence was insufficient on general assumpsit. Upon authority of Pritchett, et al., v. Brevard Naval Stores Co., et al., 134 Fla. 649, 185 So. 134, and Webb. Fur. Co. Inc. v. Everett, 105 Fla. 292, 141 So. 115, we now hold the returns sufficient and discharge the rule nisi.
So ordered.
WHITFIELD, TERRELL and BUFORD, JJ„ concur.
BROWN, C. J., CHAPMAN, and THOMAS, JJ., dissent.