(Download) "Donald (Don) W. Grace v. Ruth F. Grace" by First District. District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Donald (Don) W. Grace v. Ruth F. Grace
- Author : First District. District Court of Appeal of Florida
- Release Date : January 31, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The appellants were the plaintiffs in the circuit court where they brought a suit in in equity for an accounting and other relief. The cause was assigned to the division of the Honorable Pat Cannon, who heard all motions and conducted all proceedings, through and including three days of trial. The chancellor, at the conclusion of the trial, directed respective counsel to file written closing arguments and submit copies of proposed final decrees. The chancellor died in office prior to the date scheduled for submission of the written closing arguments and proposed final decrees. The parties stipulated: "That the Honorable Raymond G. Nathan, circuit judge and successor to the Honorable Pat Cannon, circuit judge, deceased, may continue to hear this case and enter a final decree on the basis of the record which was pending before Judge Cannon before his death." The successor chancellor found: (1) that the three-year statute of limitation applied, and that plaintiffs did not bring their suit within three years after they discovered or could have discovered the alleged fraud; (2) that a general release which had been executed by appellants was a bar to the claim of appellants; (3) that inasmuch as the cause of action was predicated upon fraud, it was the burden of the appellants to prove their case by clear and convincing evidence, and that they had failed to do so. This appeal is from that decree.
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