Janet Realty Corporation v. Hoffman's Inc.

ON REHEARING GRANTED

CHAPMAN, J.:

On January 6, 1943, the Civil Court of Record of Dade County, Florida sustained a motion to strike a plea to an action on a promissory note and accordingly entered a judgment for the plaintiff. An appeal therefrom was perfected to the circuit court, and, after counsel was heard, an order of reversal was entered, thereby holding that the stricken plea constituted a good defense to the aforesaid action. The original plaintiff, by petition for a common law writ of cer-tiorari filed here, contends that the order of reversal as entered by the Circuit Court of Dade…