Peacock v. Ross

On Rehearing Granted.

Davis, J.

Upon further consideration of this case upon rehearing it is the consensus of the Court that the opinion herein heretofore filed on February 12, 1935, should be recalled and withdrawn and the judgment reversed for a new trial on the plea of set off, but that otherwise the judgment entered for the plaintiff below should be affirmed. See: Edwards v. Fitcher, 104 Fla. 52, 139 Sou. Rep. 585.

In the case last cited it was held that where palintiff’s judgment was properly entered, but the appellate court was of the opinion that a new tidal should be awarded on the plea…