Opinion

State Live Stock Sanitary Board v. Sheets

  • 131 Fla. 41
  • 178 So. 901
  • 1938 Fla. LEXIS 1384
Court
Supreme Court of Florida
Filed
Jan 8, 1938
Status
Published
On the bench
Ellis, Terrell, Buford, Whitfield, Brown, Chapman
Cited by
1 cases

The opinion

On Petition for Rehearing

Per Curiam.

This appeal was from an interlocutory decree granting a temporary restraining order. On the theory that nothing more than a pure question of law was ¡presented, a complete transcript of the record was lodged in this Court, complainants moved for a supersedeas, and by agreement of the parties, the cause was considered and disposed of on its merits, factual considerations not being presented on the appeal.

It is revealed on rehearing that the case involves very

*45

important factual considerations that were not presented to the lower court nor were they presented to or considered by this Court on the former hearing. For this reason, we agree to recede from our former opinion and reverse the order appealed from with directions tO' the Court below to reconsider the cause in. the light of the facts presented and make such order or decree as he may be advised.

Whitfield, Terrell, Brown, Buford, and Chapman, J. J., concur.

Ellis, C. J., not participating in this order.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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