Legal Opinion

Cleary Bros. Construction Co. v. Phelps

Supreme Court of Florida

Decided October 19, 1945Published

1Opinion

THOMAS, J.:

Some features of the petition for rehearing seem to warrant elaboration of our original opinion.

The appellant insists that we overlooked the fact that it is customary “in the Eleventh Judicial Circuit to accept as the official Court reporter, any reporter produced by either side, provided no objection is made by the Court or opposing counsel.” This, assuming the premise to be sound, was not overlooked, for there was no showing in the record of such custom, though an attempt is now made to introduce it by affidavits attached to the petition for rehearing. Nor was reversal urged on…

2Cases cited2 opinions

  1. Morin v. ClaflinSupreme Judicial Court of Maine · 1905
  2. Walker Fertilizer Co. v. ColeSupreme Court of Florida · 1940

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