Zewadski v. Dyal

Citations

• 78 Fla. 109
• 82 So. 846

Syllabus

<p>1. It is not error to refuse to dismiss a bill 'of complaint without prejudice and to dismiss it as a. finality, where more than three months has passed since the cause was at issue under the statute, and no master has been appointed and no testimony taken.</p> <p>2. Defendants have a right to set cause down for final hearing on bill and answer under the statute and court rule, the time for taking testimony having expired. The right having accrued to the defendants and they having acted upon it, it is such a substantial right that the judge should not lightly deprive them of it in a decree based on bill and answer.</p> <p>3 Equity will cancel a release or satisfaction of mortgage given to become operative and to be recorded upon Conditions to be fulfilled.</p>