Legal Opinion

Potter v. Realty Securities Corp.

Supreme Court of Florida

Decided May 30, 1919PublishedCited by 5 opinions

A Writ of Error to the Circuit Court for Dacle County; H. Pierre Branning, Judge. STATEMENT. The defendant in error, a corporation, hereinafter called the plaintiff, sued the plaintiffs in error hereinafter called defendants in the Circuit Court of Dade County, to recover a commission alleged to be due it for finding a purchaser for Teal estate listed with it for sale by defendants.

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A Writ of Error to the Circuit Court for Dacle County; H. Pierre Branning, Judge. STATEMENT. The defendant in error, a corporation, hereinafter called the plaintiff, sued the plaintiffs in error hereinafter called defendants in the Circuit Court of Dade County, to recover a commission alleged to be due it for finding a purchaser for Teal estate listed with it for sale by defendants. Because of the disqualification of the Judge of the Eleventh Circuit, certain rulings on pleadings were made by other Circuit Judges. And after a demurrer to an amended declaration had been overruled and pleas had…

1Opinion of the CourtReaves, Circuit Judge

(after stating the facts). — Inasmuch as the judgment must be reversed for a reason apparently due to the oversight of both parties, it seems unnecessary to discuss at length the numerous assignments of error, — twenty-three in number.

The first clause of Section 13M, General Statutes of 1906, reads as follows:

“When from any cause, the Judge of a Circuit or County Court is disqualified from presiding in any civil case, the parties may agree upon an attorney at law, which agreement shall be entered upon the record of said cause, who shall be judge ad litem and shall preside over the trial of…

Also in this document: Per curiam.

2Cited by5 opinions

  1. Sewell v. HuffstetlerSupreme Court of Florida · 1922
  2. APGAR & MARKHAM CONST. OF FLA., INC. v. MacAsphalt, Inc.District Court of Appeal of Florida · 1982
  3. Seaboard Air Line Railway Co. v. EbertSupreme Court of Florida · 1931
  4. Fotinos v. Romack Co., Inc.Supreme Court of Florida · 1931
  5. United States Fidelity & Guaranty Co. v. TuckerSupreme Court of Florida · 1935

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