CARLOR CO. v. CITY OF MIAMI


62 So.2d 897 (1953)

CARLOR CO., Inc. v. CITY OF MIAMI.

Supreme Court of Florida, en Banc.

January 30, 1953.


Attorney(s) appearing for the Case

Evans, Mershon, Sawyer, Johnston & Simmons, Miami, Keen, O'Kelley & Spitz, Tallahassee, Otho S. Bowling, New York City, Herbert S. Sawyer, Miami, J. Velma Keen, Tallahassee and M. Lewis Hall, Miami, for appellant.

Walton, Hubbard, Schroeder, Lantaff & Atkins, John H. Wahl, Jr., John E. Cicero and S.O. Carson, Miami, for appellee.


MATHEWS, Justice.

This is an appeal from a final decree in a suit making a collateral attack upon a final judgment in an eminent domain proceeding in the Circuit Court of Dade County.

An able and experienced Circuit Judge rendered an opinion, contained in the decree dismissing the complaint, dated February 21, 1952. The opinion, among other things, contained the following:

"In April 1943 the City of Miami...

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