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Hartford Accident and Indemnity Company v. MSP Recovery Claims, Series LLC
See Kimbrough v. Rowe, 479 So. 2d 867, 869 (Fla. 5th DCA 1985) (“[D]efensive actions undertaken by defendants do not constitute requests for affirmative relief inconsistent with their initial defense of lack of jurisdiction.”); Rorick v. Chancey, 195 So. 418, 421 (Fla. 1938) (finding filing of petition and bond for removal of cause to federal court does not constitute “general appearance” in state court that will preclude defendant from subsequently questioning state court’s jurisdiction); Barrios v. Sunshine State Bank, 456 So. 2d 590, 590 (Fla. 3d DCA 1984) (finding filing of motio…
Retrieving the full opinion text from the archive…
State Ex Rel. P. S. Oliver
v.
City of New Port Richey.
v.
City of New Port Richey.
Supreme Court of Florida.
Mar 29, 1940.
M.L. Stephens, for Relator;
W.H. Brewton, for Respondent.
Whitfield, Brown, Chapman, Terrell, Buford, Ti-Iomas, Compiled, Laws, Rules.
Published
Per Curiam.
The alternative writ of mandamus herein was issued by this Court requiring the assessment and collection of taxes to pay matured municipal bonds that have been put in judgment, or to show cause for not doing so.
' In the return to the writ it is made to appear that testimony may have to be taken upon issues of fact tendered.
[*515] Relators have filed a motion to strike and demurrer to the return', without determining the matters presented by such motion to strike and demurrer to the return, the alternative writ is dismissed without prejudice to an application to the circuit court which has facilities for taking testimony in litigated cases.
The alternative writ is dismissed without prejudice.
Whitfield, P. J., and Brown and Chapman, J. J., concur. Terrell, C. J., concurs in opinion and judgment. Justices Buford and Ti-iomas not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.