Odlum v. Duffy

I dissent. It has heretofore been well established law, consistently followed, that the judgment of a court, not its opinion stating reasons for its judgment, should be given effect. The majority here give controlling effect to the opinion of the District Court of .Appeal rather than to its judgment.

On the first “hearing” of the motion the trial court refused to hear the petitioner’s testimony—which apparently would have constituted the most substantial part of the evidence in support of the motion—and denied the motion. In refusing to hear the petitioner’s testimony the trial judge remarked,…