Opinion

Town of Mount Dora v. Green

  • 117 Fla. 385
  • 158 So. 131
  • 1934 Fla. LEXIS 1279
Court
Supreme Court of Florida
Filed
Sep 11, 1934
Status
Published
Author
Davis
On the bench
Davis, Whitfield, Ellis, Terrell, Buford, Brown
Cited by
9 cases

The opinion

Davis, C. J.

(concurring).—I concur in denying the petition for a rehearing solely on the ground stated by me in my concurrence in the original result in this case. I have no doubt that upon equitable considerations the pleading of the statute of limitations may be enjoined and that this rule applies to municipalities the same as to others. Public honesty and integrity is just as sacred in the law, or should be, as private honesty and integrity. However, I think our statute allowing equitable replications makes an injunction unnecessary and that for this reason the bill should have been dismissed. Section 4302 C. G. L. Otherwise I think the judge below was correct in the view he took of this case.

Brown, J., concurs.

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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