Westervelt v. Istokpoga Consolidated Sub-Drainage District

The Chancellor has denied plaintiff’s motion to strike certain portions of defendant’s answer, and plaintiff now seeks to have the order reviewed on certiorari.

The petitioner bases his motion for reversal of the order of the Chancellor upon the ground that the matters sought to be stricken do not constitute a defense and are contrary to the law of the case established by the decision in this same case on a prior appeal, as reported in 158 Fla. 214, 28 So. (2nd) 859.

In finally disposing of the former appeal and in order that the law of the case might not be applied by reason of the reported…