Pensacola Electric Co. v. Soderlind
Citations
- 60 Fla. 164
Syllabus
<p>1. If a cause can be fully disposed of without adjudicating constitutional questions raised therein, the courts will generally ignore such questions and dispose of the case on other grounds.</p> <p>2. At common law a cause of action accruing to a plaintiff individually cannot be joined with one accruing to him in a representative capacity, though the two arise out of the same occurrence.</p> <p>3. Clauses of action that exist in favor of a person individually and as an administrator or executor of the estate of another are not “in the same right” within the meaning of the statute permitting causes of action to be joined. In the former, the recovery is in a personal capacity, and in the latter the recovery is in a representative capacity—in the right of another.</p> <p>4. A cause of action accruing to the father of a deceased minor child under section 3147 of the General Statutes and a cause of action accruing to the administrator of a decedent under sec- . tions 3145 and 3140 of the General Statutes cannot be joined in the same declaration.</p> <p>5. Where causes of action are improperly joined in a declaration and a general judgment for the plaintiff is rendered thereon, the judgment will be reversed.</p>
Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerCited by
13 cases in this archive cite this case.
- Davis v. Florida Power Co.Supreme Court of Florida· 1912-06-15· cited 55×
- Klepper v. BreslinSupreme Court of Florida· 1955-10-19· cited 38×
- Lewis v. NelsonSupreme Court of Florida· 1911-06-15· cited 26×
- C. W. Latimer, Jr. v. Sears Roebuck and CompanyFifth Circuit· 1960-11-29· cited 25×
- Brown v. United StatesS.D. West Virginia· 1951-08-18· cited 18×
- Carolina-Florida Planting Co. v. MaigeSupreme Court of Florida· 1912-06-15· cited 12×
- State ex rel. Wolyn v. Apalachicola Northern RailroadSupreme Court of Florida· 1921-04-29· cited 10×
- Dept. of Ins. v. Coopers & LybrandDistrict Court of Appeal of Florida· 1990-11-13· cited 9×
- Metropolitan Dade County v. HicksDistrict Court of Appeal of Florida· 1975-09-30· cited 6×
- State ex rel. Wolyn v. Apalachicola Northern RailroadSupreme Court of Florida· 1921-03-25· cited 5×
- County of Sarasota v. WallDistrict Court of Appeal of Florida· 1981-08-24· cited 4×
- Pages v. DOMINGUEZ EX REL. DOMINGUEZDistrict Court of Appeal of Florida· 1995-03-08· cited 1×
- Neal v. Jackson Memorial HospitalFlorida Circuit Courts· 1983-10-04
Cites
19 cases in this archive are cited by this case.
- State v. Atlantic Coast Line RailroadSupreme Court of Florida· 1908-06-15· cited 175×
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida· 1907-06-15· cited 113×
- Harper v. GallowaySupreme Court of Florida· 1909-06-15· cited 75×
- Hoopes v. CraneSupreme Court of Florida· 1908-06-15· cited 44×
- Jacksonville Electric Co. v. BowdenSupreme Court of Florida· 1907-06-15· cited 42×
- Strobhar v. StateSupreme Court of Florida· 1908-01-15· cited 40×
- Seaboard Air Line Railway v. SimonSupreme Court of Florida· 1908-06-15· cited 40×
- Seaboard Air Line Railway v. MoseleySupreme Court of Florida· 1910-06-15· cited 30×
- Kirton v. Atlantic Coast Line RailroadSupreme Court of Florida· 1909-01-15· cited 28×
- State ex rel. Chapel v. JustusSupreme Court of Minnesota· 1903-11-13· cited 26×
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida· 1906-01-15· cited 18×
- State ex rel. Jordan v. BuckmanSupreme Court of Florida· 1881-06-15· cited 12×
- Bowden v. Jacksonville Electric Co.Supreme Court of Florida· 1906-01-15· cited 11×
- State ex rel. Russo v. ParkerSupreme Court of Florida· 1909-01-15· cited 10×
- Cline v. Tampa Water Works Co.Supreme Court of Florida· 1903-06-15· cited 8×
- Palmer v. ParkerSupreme Court of Florida· 1906-06-15· cited 7×
- State ex rel. Loftin v. McMillanSupreme Court of Florida· 1908-01-15· cited 6×
- Ex parte BushSupreme Court of Florida· 1904-06-15· cited 4×
- Carrier v. Bernstein Bros.Supreme Court of Iowa· 1898-01-28· cited 3×
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