Hunter v. Kearley

THOMAS, J.:

Appellants are aggrieved by the action of the chancellor in denying a motion to amend their bill of complaint after mandate of this Court issued pursuant to the opinion in Kearley, et al., v. Hunter, et al., (Fla.) 16 So. 2nd 728. To decide the point now presented we need only to quote the concluding two sentences of that' decision: “The cause is remanded, with directions to dismiss the bill of complaint. It is so ordered.”

It was the duty of this Court “to reverse or affirm” or “give such . . . decree as the court below should have given . . . .” Sec. 59.34, Florida Statutes, 1941,…