Yates v. St. Johns Beach Development Co.

On Rehearing

Davis, J.

Because of the earnest insistence of plaintiff in error that the merits of this writ of error should be decided insofar as the sufficiency of the declaration is concerned, a rehearing was granted and thereupon full and complete new arguments had on the proposition whether or not the declaration in the suit below stated a good cause of action against the defendant. Our first opinion, filed May 10, 1935, merely vacated the judgment appealed from without prejudice and remanded the cause to the Circuit Court for further appropriate proceedings in the light of this Court’s…