Central & Southern Florida Flood Control District v. Dupuis

CARROLL, CHAS., Chief Judge

(dissenting) .

I respectfully dissent from the majority judgment of affirmance.

In the Albury case 1 we established that the District is entitled to exercise the rights reserved by the Trustees of the Internal Improvement Fund in the Bolles deed of *598May 28, 1910,2 which involved the plaintiff’s property and other lands.

In this present case we first reviewed and reversed, as being contrary to and controlled by the holding in the Albury case, a summary decree which had granted an injunction against the District, and which had allowed fees to the attorneys for the…