Roberts v. Smith

Citations

• 72 Fla. 537
• 74 So. 299

Syllabus

<p>Where the appellate court is impressed from the whole record in a cause that there is a strong probability that said cause has resulted in the court below in an injustice to the plaintiff in error, chiefly due to the probable loss or destruction of an original order of the County Judge authorizing a sale of the land in dispute on the application of the guardian for the defendant in error, then a minor, as well as an original order of such County Judge confirming such sale, it may, in order that complete justice may be done in the premises, reverse such cause and award a new trial thereof, with leave to the plaintiff in error to establish, if he can, under the statute in such cases such lost orders for use as evidence at the new trial of the cause.</p>