11 So. 2d 341 | Fla. | 1943
This cause is before us on demurrer to petition for prohibition on which rule nisi heretofore issued.
It is admitted by demurrer that Respondent Circuit Judge entered an order purporting to correct a final decree which had theretofore been affirmed by this Court (See Budd, et al., v. Gooch,
When the decree of the circuit court was affirmed by this Court, such decree was merged and became the judgment and decree of this Court. Bloxham v. Fla. Cent. etc. R. Co.,
The demurrer is overruled and answer filed is held to be insufficient. Prohibition absolute will be awarded, without prejudice, however, to the filing of petition in this Court for leave to the circuit court to consider and act upon petition to amend the final decree so as to make it conform to the record and a just determination of the rights of the parties.
So ordered.
BUFORD, C. J., TERRELL, BROWN, CHAPMAN and ADAMS, JJ., concur.
THOMAS and SEBRING, JJ., not participating.