SMITH v. ERVIN


64 So.2d 166 (1953)

SMITH v. ERVIN, Atty. Gen. et al.

Supreme Court of Florida, en Banc.

March 17, 1953.


Attorney(s) appearing for the Case

J. Kenneth Ballinger, Tallahassee, for appellant.

Richard W. Ervin, Atty. Gen., John A. Madigan, Jr., and Howard S. Bailey, Asst. Attys. Gen., for appellees.

Charles O. Andrews, Jr., Orlando, amicus curiae.


HOBSON, Justice.

Honorable Henry C. Tillman, who heard and determined this case below, entered the following declaratory decree:

"Ordered, Adjudged And Decreed That:

"A. This Court has jurisdiction by declaratory decree to settle the questions of law raised by the bill of complaint, and to declare Plaintiff's rights thereunder, and, accordingly, the Defendants' motion to dismiss contained in their answer is hereby denied.

"B. The joint motion...

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