Lake Mabel Development Corp. v. Bird

Mathews, Commissioner:

On petition for rehearing of Lake Mabel Development Corporation v. H. W. Bird, substituted for W. H. Marshall, 99 Fla. 253, 126 So. R. 356, it is suggested this Court in sustaining the court below in striking the plea incorporated in the amended answer of the defendant, overlooked the statute which provides that the defendant may, in all cases, instead of filing a formal plea or demurrer, insist on any special matter in his answer, and have the same benefit thereof as if he had pleaded the same matter or had demurred to the bill, Section 4913, Comp. Gen. Laws of Florida…