# Town of Mount Dora v. Green

> Supreme Court of Florida · September 11, 1934 · 117 Fla. 385

URL: https://www.frixlaw.com/law-library/cases/3387964

## Case

- **Full name:** Town of Mount Dora v. Luther C. Green.
- **Court:** Supreme Court of Florida
- **Decided:** September 11, 1934
- **Citations:** 117 Fla. 385; 158 So. 131; 1934 Fla. LEXIS 1279
- **Precedential status:** Published
- **Opinion:** Concurrence by Davis
- **Judges:** Davis, Whitfield, Ellis, Terrell, Buford, Brown
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3387964

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3387964. Public record. Not legal advice.