Goodwin v. City of Jacksonville, 21 So. 2d 209 (Fla. 1945). · Go Syfert
Goodwin v. City of Jacksonville, 21 So. 2d 209 (Fla. 1945). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: State Road Department v. Bramlett (fladistctapp, 1965-01-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" State Road Department v. Bramlett (2×)
Fla. Dist. Ct. App. · 1965 · signal: see · confidence high
See Goodwin v. City of Jacksonville, 155 Fla. 729 , 21 So.2d 209 .” Our acceptance of the principle that when designated by statute attorney’s fees are part of the costs is not inconsonant with our conclusion that under Florida Appellate Rule 5.12, supra, the State Road Department, an agency of the State of Florida, when acting “in a purely official capacity [as in this case], takes an appeal or petitions for certiorari, the filing of the notice of appeal or the petition for cer-tiorari as the case may be shall perfect the same and stay the execution or performance of the judgment, decre…
discussed Cited "see" City of Miami v. Murphy (2×)
Fla. Dist. Ct. App. · 1961 · signal: see · confidence high
See Goodwin v. City of Jacksonville, 155 Fla. 729 , 21 So.2d 209 .
Retrieving the full opinion text from the archive…
J. R. Goodwin and Vetter Goodwin, His Wife
v.
City of Jacksonville, a Municipal Corporation Under the Laws of the State of Florida.
Supreme Court of Florida.
Mar 13, 1945.
21 So. 2d 209
1945 Fla. LEXIS 635
DeHoff DeHoff, for appellants. Austin Miller, Gov Hutchinson and Harry Fozzard, for appellee.
Chapman, Brown, Thomas, Sebring.
Cited by 2 opinions  |  Published
PER CURIAM:

This is an appeal from a final decree, in which the éxceptions to the master’s report wfere overruled, the equities were found to be with the defendant, and the plaintiffs’ bill dismissed.

In spite of the fact that counsel for appellants had already entered the armed forces. of our country -when he prepared his main brief in behalf of appellants, as well as his reply brief, both of his briefs present very ably and thoroughly every argument which in our opinion could have been, or could be, made in appellants’ behalf. Also, counsel for appellee, who labored under no such difficult conditions, have ably presented their argument in behalf of the correctness of[*730] the chancellor’s decree. Both briefs are repíete with citations of authorities and court decisions.

It would require a long opinion to review the pleadings and evidence and to discuss the various arguments presented by counsel, and we doubt if any good purpose would be sub-served thereby. Suffice it to say that we have carefully considered the record and the briefs and are satisfied that on the merits of the case the conclusion reached by the master and chancellor was correct, and that no reversible error was committed.

But in our opinion it was to the interest of each of the opposing parties that the main questions involved should be settled, and that therefore the costs in this case, including the master’s fee, should have been equally borne, one-half by the unsuccessful plaintiffs and one-half by the defendant City. In all other respects the decree below should be and is hereby affirmed.

Decree affirmed, and cause remanded with directions to retax the costs as above stated.

CHAPMAN, C. J., BROWN, THOMAS and SEBRING, JJ., concur.