# Tallahassee Variety Works v. Brown

> Supreme Court of Florida · January 8, 1932 · 106 Fla. 599

URL: https://www.frixlaw.com/law-library/cases/3395310

## Case

- **Full name:** Tallahassee Variety Works, a Corporation Organized and Existing Under the Laws of the State of Florida, Appellant, vs. B. W. Brown in His Own Right and in the Right of His Wife, Allie Yawn Brown, and Allie Yawn Brown, Appellees
- **Court:** Supreme Court of Florida
- **Decided:** January 8, 1932
- **Citations:** 106 Fla. 599; 138 So. 759
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Cueiam, Whitfield, Terrell, Brown, Davis, Buford, Ellis
- **Cited by:** 14 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/3395310

## Opinion text

On Petition eor Second Rehearing.
Per Curiam.
Upon petition of appellant for a second rehearing after reversal o'f the judgment (Tallahassee Variety Works vs. Brown, 138 Sou. Rep. 759 ) and its affirmance here on August 25, 1932, after rehearing was granted and reargument had, it appears that the court upon consideration thereof ought to modify its judgment of affirmance entered August 25, 1932, so' that the same shall be as follows: That the decree appealed from be modified to a dismissal of the bill of cohiplaint without prejudice or that leave be given to amend the bill of complaint upon proper terms, and that as so modified, the decree appealed from shall stand affirmed, and the previous judg
*617
ment of this court in reversing such decree will stand vacated and set aside upon rehearing.
It is so ordered and mandate will issue in accordance with this judgment. The appellant’s petition for a further rehearing will be denied.
Whitfield, Ellis, Brown and Davis, J.J., concur.
Buford, O.J., dissents.
Terrell, J., not participating.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3395310. Public record. Not legal advice.