Volume Index. Institutional Repository. University of Miami Law School. University of Miami Law Review

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1 University of Miami Law School Institutional Repository University of Miami Law Review Volume Index Follow this and additional works at: Recommended Citation Volume Index, 8 U. Miami L. Rev. Iss. 4 (1954) Available at: This Index is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized administrator of Institutional Repository. For more information, please contact library@law.miami.edu.

2 LEADING ARTICLES - TITLES AND AUTHORS A EULOGY OF JURORS: William A. 1ferin ADmINISTRATIVr LAW: Judson A. Samuels 275 APPELLATE PROCEDURE: Paul D. Barns 441 BI.LS AND NOTES: Robert A. McKenna 293 CIVIL PROCEDURE: Milton S. Marcus and Donald 1l. Norman 450 CONFLICT L.w IN UN1Er STATES TREATIES: S. A. Bayitch 501 CONFLICT OF LAws: David S. Stern. 209 CONTITUTONAL LAw: Clifford C. Alloway 158 CONTRACTS: Richard A. Hausler 283 CORPORAIE FINANCE: llugh L. Sowards. 335 CORPORATIONS: Floyd A. Wright 298 CRIMINAL ILAw: George W. Prettyman. 204 DOMESTIC RELATIONS: Daniel E. Murray 352 EVIDENCE: Lewis L. Cosar FLORIDA 'IAXATION: Abe L. Shugerman 151 FOREIGN SEAMAN UNDER THE. JONES ACT: Stanley Donald Morrison 16 INSURANCE: Herbert A. Kuvin 339 LABOR Lw: Lucille Snowden LANDLORD AND T'ENANT: Michael If. Kramer 425 MUNICIPAL CORPORATIONS: Edith E. Broida 253 REAl. PRoPrRuTr: Ralph E. Boyer 3S9 SOME OBSERVATIONS ON SUBCIIAPTER C OF R1.R RPvEFUE: ConE O- 1954: William 1H. Friedman 530 Tt,,.I UNAUTIORIZED PR.,crcE or LAw By REALTORS IN LORI-DA-' TuE ST. PETERSBURG SUITS: Leonard WV. Coopernan 41 TORTS: Duane Anderson and J. Allen Smith. 477 'lort' DOCTRINE OF MUNICIPAL IMMuNIrY-A MYrH: Lawrence G. Ropes, Jr. g;; TRUSTS AND SUCCESSION: Thomas A. Thomas. 431 WVORKMEN'S COMPENSATION: Allen Clements 469 LEADING ARTICLES AUTHORS AI.LOWAY, CLIFFORD C.: Constitutional Law 158 ANDERSON, DUANE AND SMITH, J. ALLEN: Torts 477 BARNS, PAUL D.: Appellate Procedure 441 BAYITCII, S. A.: Conflict Law in United States Treaties 501 BOYER, RALPH E.: Real Property BROIDA. EDITH 1.: Municipal Corporation 25', CLEMENTS, ALLEN: Workmen's Compensation 469 COOPER.MAN, LEONARD %V.: The Unauthorized Practice of Law By Realtors it? Florida---The St. Petersburg Suits 41 COSAR, LEwIs L.: Evidence 460 IDm.,N. W,,..,.v. 11.: Some Observations on Subchapter C of h'.r. S300 Revenue Code of 1954 ;10 IIAUSLER, RICIARD A.: Contracts 283 hii:rn, WILLIAM A.: A Eulogy of Jurors I KRAMER. MICHA.EL H.: Landlord and Tenant 425 KIVIN, HERBERT A.: Insurance 339 McKENN.,, ROBERT A.: Bills and Notes 293 MARCUS, MILTON S. AND NORMAN, DONALD H.: Civil Procedure 450 \IORRISON. STANLEY DoNALD: Foreign Seaman Under the Jones Act M1 MURRAY, DANIEL E.: Domestic Relations 352 NORMANz, DONALD H. AND MARCUS, MILTON S.: Civil Procedure 450 PRE'IrYXMAN, GEoRGE W.: Criminal Law 204 Roprs, LAWRENCE G., JR,: Torts' Doctrine of Municipal Immunity-A Myth 555 SAMUELS, JUDSON A.: Administrative Law 275 SHUGERMAN, ABE L.: Florida Taxation 151

3 SMITI, J. AiLEN AND ANDEBSON, DIUANH: 'oris 477 SNowDEN, LUCILLE: Labor Law 246 SOWARDS, IHmCH L., Corporate Finance.. STERN, T).viv S.: Conflict of Laws 309 TIIOMAS, IlOI AS A.: Trusts and Succession 431 WRICIT, Ftovn A.: Corporations 298 COMMENTS ADMrRAr-SAMI:N UNDER LAY 1'I.AN 53 ANTICI'ATORY BREACH OF CONTR. -- ErEc's) F RvD'IATlN.N.,68 ATTORNEY'S FES-SIOULD ITEY BE TAXED AS COSTS? 571 CoUrT-JURI snction or COUNTY JuDcE: IHOMESTEAID N*s'[rA'iEns 577 ]',SCROw AcRiE'crN.S 7 ; I lorida GRAND JURY ONBISINESS BAD DiBTS: IS TlHE IAXPAYI:R GrTx'[INiC riusinisss7 593 VANDALISM UNDER AU-IOMOBIILE INSURANC BOOK REVIEWS - AUTHORS Reviewers' names are in parenthesis BA.UAMCARDU: Benthan and the Ethics of Today (Edward L. Forer) 145 ]3isJio,: International Law, Cases and Materials (S. A. Ilayitch) 146 DEAN: Hatred, Ridicule or Contempt (Calvin C. Could. 660 DEL VECCuIO: Justice (Richard A. ilausler) KRMlER: The Medical Aspects of Negligence Cases (Franklin I. Evans) 143 OnFuu.D: Growth of Scandinavian Law (S. A. Bavitch) SClIWARTZ: French Administrative Law and the Cormon Law World (C. liugo Whitehouse) 658 TABLE OF CASE NOTES AI)MINISTRATvV LA\%%-PoLciCF. J),IA\TMIEN' TK'Rl.lS: - QUESTION Ov RES JUDICATA IANKRIFPTCY-AIRNCEMEN IS-PRoII" oi," ci. r;:i s [, o.kns 132 CRIMINAL LA0-CERTIOAI-Ei'c OF "INIA I CONFLICT OF LAs-I, PERSONA,URISI)IC, ON ovrit NoN-RE,'SID.,'N INDIVIDUALs-DoINc BUSINESS TEST 628 CoNFLIor OF LAW%'S-iN'TERCOVENSFINTA. IsisiUNI'". 632 CONFLICT OF LAWS-PENAL OR REMEDIAL, STATUTES CONFLIcT OF LAWS-VAIvEI O1' VENuE-rSTAT NON-Ri.SIMENiT VEIICLE STATUTE 637 CONSTITUTIONAL LAW-RACIAL SECRI'GATION-PULIC IiousIN. '. 640 CONSTITUTIONAL LAW-I EST'rICwIVI CO'INANTS-JUImCIAL ENIORCEMENT 64; CORPORATIONS-SIIARE D1VIDE:NDS-PRINCIPLE OIL INCOME? 646 FEDERAL COURTS--FOREIcN AID APPROPRIATIONS ACT- SURVIVAL, OF FI:rDERAL COMMON LAW 648 INSURANcE-LIITED LIABILITY POLICIES-INSU EER'S LIAH I I.TY FOR ExcEss JUDGMEN'IS 651 PROCEDURE-I"EDERAI. RI.IES-VOLUNTARY DIsSM ISSAL. 135 REAl. PROPERrY-EASE HI ENTS-ORA 1-I"RAU) ACT IONS 653 RE-AL PROP ERlYr-E, i I.NEST ) N-A PPOR'IIONN or AWA RI) BETWEEN LEssoR AND IESSEE 137 TORIS- EI.RDAI. I'OR CLAIMS ActI)-SICEI'.TONAR " I"'5NCTION I.,XCPI'ItN 139 'I'ORlS-FIEDERA. 1, TOR CL.xlS ACr-INDE.INITY 655

4 INDEX- DIGEST - VOLUME VIII Page references in bold type arc to Leading Articles; in Italics to Comments; and in plain type to Notes, Book Reviews, Attorney General's Opinions, Synopsis of Florida Cases and lighlights of the Florida Legislative Session. ACTIONS Replevin 125 ADMINISTRATIVE LAW Anatomical Board: Dead bodies 277 Apprenticeship Council: Policy making 246 Assistant Secretary of State: Abolished 275 Board members: Disqualification 276 Board of Pharmacy: Powers 90 Bond financing: State agencies 193 Certiorari: Administrative orders 279 County Board of Public Instruction: Appointment of principals 603 Florida State Turnpike Authority: Jurisdiction 603 Gambling: Hotels 90 Housing Authority: Powers 90 Industrial Commission: Apprenticeship program 246 Liability for attorney's fees 246 Internal Improvement Fund: Venue 603 Legislative reference bureaus: Educational television survey 111 Milk commissions: Price fixing 1II Municipal utility boards: Collective bargaining agreement Ill Police deparement trials: Judicial or quasi-judicial 626 Res judicata effect 626 Public Welfare Board: Power to enjoin 91 Railroad and Public Utilities Commission: Powers 90 Real Estate Commission: Powers 91 Regulatory boards: Compensation 276 Res Judicata 626 Secretary of State: Determination of prevailing wages 247 Securities Commission: Securities registered for public sale 336 State advertising commissions: Use of television ill State agencies: Purchases 111 State hotel and restaurant commissions: Deputies I1i State Improvement Commission: Agent for eleemosynary institutions 112 State Planning Board: Abolished 275 Purpose 275 State Racing Commission: Operations of jai alai frontons 112 Public records 112 Court of Admiralty: Jurisdiction 17 Jones Act: Applied to longshoremen 16 Applied to seamen Applied to stevedores Before and after 18 Extension to foreign vessels 23 Foreign seamen; right of recovery Interpretation Purpose 26 State limiting act to domestic vessels 22 Lay Plan: Collision Contract of employment Crews; sharing profits Defined Desertion by lay fisherman 57 Injuries 61 Interest under 54 Inter-relationship of owner,. master and crew 64 Liens 62 Maintenance and cure 61 Master; owner pro hac vice or agent 64 Recovery Rights and privileges Seamen; defined 67 Sharing profits 65 Merchant Marine Act: Foreign seamen, 24 Seamen: Right to.recover for-injury under Jones Act-. Signing of' articles Stevedore: Right to recover for injury under Jones Act 22 AGENCY Insurance: Adjuster's authority 343 Agent; knowledge 342 Apparent scope of agent 343 ALIMONY See Divorce APPEAL AND ERROR- See Procedure ASSIGNMENTS Negotiable instruments: Conditional sales contract 296 Rights of assignee 294 ATTORNEYS Fees: Child support 611 Class actions 575

5 INDEX-JDIGEST Condition of a supersedeas bond Contestants of wills Divorce In general Insurance Involuntary corporate dissolution PAGE Master's Statutory provisions Privileges AUTOMOBILES See Courts BAILMENT See Motor Vehicles BANKRUPTCY Receiver: Failure to produce Implied power to borrow Priority of receiver's loans profits BANKS AND BANKING Florida Banking Code 125 Savings banks: Subject to inspection 125 CARRIERS Certificate of public convenience: Constitutionality 91 CERTIORARI See Procedure CHARITABLE INSTITUTIONS Tax Exemption; see Taxation CIVIL LAW Juries 5 COMPENSATION Admiralty: Under Jones Act 16 Under Lay Plan 55 CONFLICT OF LAWS Admiralty: Foreign ships 19 Tort governed by Flag Law 32 Alien property 504 Choice of law: Creation and transfer of interests in tangible chattels 241 Erie v. Tompkins doctrine in diversity cases 231 Extraterritoriality 220 Federal law in state courts 235 Federal Tort Claims Act 232 Power to enjoin non-resident from leaving state 383 Community property: Effect of negligence in place tort committed 377 Constitutional limitations 502 Designation of law: Auxiliary contact 510 Direct naming of country 510 Effect of subsequent change 510 Freezing provision; status-quo provision 511 Time to take effect 510 C BILLS AND NOTES See Negotiable Instruments BONDS See Securities BROKERS Realtors: Florida; right to practice law The St. Petersburg Suits Unauthorized practice of law Views in general as to rights and limitations Divorce: Domicile Jurisdiction Executive control Foreign judgments: Full faith and credit: jurisdiction Foreign statutes: Enforceability; public policy Full Faith and Credit: Interstate, international Penal statutes International cooperation: Shift in attitude United States membership in world organizations Judicial authority: Conduct of independent government Judicial control Jurisdiction: Acts of foreign state officials "Choice of law' Determination of legitimacy "Doing business" test Effect of plea of res judicata Exceptions to general rule Extraterritorial Full faith and credit; foreign custody decree In general Lack of; in person or subject matter Limitations on legislative Service of process 629, I Labor law: Applicable in intrastate situations Liability of parties: Acts within exercise of governmental authority Penal statutes: Enforceability Prior proceedings: Comity; full faith and credit

6 Private rights: Enforceability 635 Property: Right of alien to inherit 514 Regulation: Power of state 502 Res Judlcata 226 Rules: Designation of applicable law 509 State laws: Procedural or substantive as applied by federal courts 240 Procedural or subsantive as applied by state courts 238 Treaties: Access to courts; alien legal entities 524 Access to courts; trend toward non-discriminatory treatment of aliens 523 Administration of estate 515 Adoption of uniform substantive law 502 Application of law 507 Arbitrary awards 519 Bilateral 508 Extentlon of national privileges to aliens 518 Internal foreigner treatment 518 Judicial jurisdiction 526 Jurisdiction; access to courts 522 Jurisdiction; generally 522 Local law; jurisdiction 515 Local law; Mutual, unilateral reservation 511, 513 Most-favored-nation clause; commerce 520 Multi-legal countries 517 Most-favored-nation treatment 519 Multilateral 508 National treatment 516 Proper-subject test 504 Reciprocity 508 Reference to local law 512 Reservation in favor of local law 513 Treaty-making powers: Constitutional requirements 503 CONSTITUTIONAL LAW See also Conflict of Laws Bonfinancing: Counties 194 Miscellany 196 Municipal 195 Civil Rights: Dismissal from job 91 Compelled testimony: Restricted immunity from later jeopardy 605 Covenants: Judicial enforcement 645 Due process: Failure of court to properly record 604 Impairing obligation of a contract 92 Unauthorized foreign insurer 604 Elections: Freedom of speech 91 Equal protection: Housing facilities 640 Negroes 185 Non-negroes 184 Executive: Power; agencies 165 Power of appointment 91 Florida: Suggestions for improvements 2 Florida Constitution: Legislation; Article III, Section 16 1 Legislation; Article III, Section 20 2 Legislation; Article lf1, Section 21 Full Faith and Credit: Decree awarding custody of children Foreign corporate proxy Need for final foreign decree Grand Jury: Increasing membership Judicial power: Adequate interest Florida Generally Inherent power Judicial review: Administrative actions Legislative power: Delegation of power Implied restrictions License: Gambling Liquor license: Gambling Municipal corporations: Application of surplus gas tax funds Notice of tort; constitutionality Police power: Generally Health Morals Safety Procedural due process: Administrative due process Clarity of expression Judicial due process; civil Criminal Racial discrimination; Housing Restrictive covenants Rezoning: Unconstitutional when unfounded Search and seizures: Admissibility of evidence Automobile cases Beverage license consent cases Invalid search warrant Non-automobile cases Self-incrimination: Bill of attainder and retroactive laws Separation of powers: Florida State funds: Private enterprise State indebtedness Statutes: Constitution; necessary and proper clause Substantive due process: Borrowing and pledging Eminent domain Regulation of business Spending and disposing Taxation Police power Zoning Treaties )0 165 ; lie

7 Trial by jury: Denied Florida Constitution CONTRACTS Admiralty: Lay plan, contracts of employment Anticipatory breach: Deferentiated from actual breach Arbitration: Validity Defined Effects of repudiation Negotiable instruments Rules in Florida Conditional promise Consideration: Care of mother Failure of Construction: Property settlements between husband and wife Default: Waiver of forfeiture Duress: Rejection by court as defense Estoppel: Installment land contract Fraud: Rescission Sale of securities Waiver of defense Indemnity: Lessor and lessee Installment land contract: Forfeiture Insurance: False statements on application Interpretation: Insurance; "annually" Intention of parties Landlord and tenant: Oral contract voided by contrary custom Municipal corporations: Official or employee having an interest in contract Oral contract altering original agreements Taxpayer as party in interest Non-performance Option: Right to specific performance Option to terminate: Landlord Vendee Oral: Conveyance of land Sale of Land Part performance: Recovery for Performance: Impossibility of obtaining license Rescission: Fraud as to existing fact No relief from imprudence Time for Recovery in tort: Absence of contract Reformation in equity: Parol evidence Remedies: Suit in contract for tort Restitution Sale: Rescission Severability of invalid portion Specific performance: Real property PAGE Statute of Frauds: Intent of parties 654 Subject matter: Legality 285 Surety: Discharge or relief 291 Termination without notice 290 Terms: Changes: obligation to pay therefor 292 CORPORATIONS Attorney General: Payment of coat of prosecution 106 By-Laws: Adoption by board 312 Capital: Minimum shares 310 Debenture preference stocks: Annual report and fees 113 Dissolution: Attorney's fees 574 Strained relations between stockholders 605 Educational: Tax exemption 606 Finance: Sale to employee not exempt 336 State securities or "Blue Sky" law 335 Violation of securities act 335 Inactive corporation 549 Incorporation certificate: Amendment 320 Organization: Procedural steps 309 Plea of self-incrimination: Denied $30 Powers : Scope 316 Sales of stock: Rescission 233 Securities: Fraud at time of sale 337 Service of process: Order clerk not proper agent 606 Shares: Classes or kinds 319 Share dividends: Income or principle 648 Statutes: Defining terms: definite concept 305 Improvements by the 1953 Florida Legislature 125, 299 Mischievous features of new acts 300 Void spots in new statutes 321 Why poorly drafted 328 Stock: Rules aecting payment of dividends 646 Stock split: Effect on specific bequest 605 Stockholders meeting: The county judge 314 Tax reports 113 Taxation: Effect of Proposed Federal Act of 1954; allocation of basis 536 Capital contributions by non-stockholders 551 Collapsible corporations 544 Continuity of interest test 548 Determination of holding periods 542 Dividend-asset subject to liability 537 Dividend distribution 530 Dividends classified as capital gains 530 Dividends classified as income 530 Divisive reorganizations 547

8 I Double tax in liquidation of corporate property Exceptions to Section 305 Exceptions to transfer tax Gains or losses in liquidation Inactive corporation Inventory assets Inventory distributed as dividends Liquidations Obligations of subsidiaries Organizations, acquisitions and separations 549, Publicly held corporation Readjustments Receipt of securities in stock exchange Redemption of stock Reduction of stockholder's interest Rules for adjustments Rules of attributed ownership Security holders - Stock exchanges Transfer of assets after liquidation Trade or business Usury: As a defense 318, Voting: Cumulative COURTS Admiralty: Jurisdiction Authority to order conveyance: Divorce decree: tenancy in common Bail: Unqualified surety Bailment: Release of obligor by Justice of Peace Circuit Court: Jurisdiction: Homestead Clerks: Fees Costs: Discharge of defendant County judge: Jurisdiction; constitutional provision for Constitutional conflict in homestead Extended to realty Generally Homestead Probate Erroneous decree Evidence: Circumstantial evidence of death: civil cases Excessive sentences: Escape from jail Expenses of nonresident witnesses Judges: Disqualification Unwarranted inducement of jury Judicial council Juvenile and Domestic Relations Court: Jurisdiction 91, 125, Motions: Discretion to strike Municipal judge: Immunity of witness Powers: Set aside or modify judgments Reinstatement of action: Grounds 'AGE vii Small Claims: Jurisdiction Jury trials Violation of restraining order: Burden of proof... Voluntary dismissal: Nonpayment of corporate taxes CRIMINAL LAW Aircraft: Tampering; first degree murder Appeal: Place for determined by trial not arraignment Arrest: County traffic officers Cruelty to children or animals Delinquent parolee Pick up notices Without warrant Autopsy 115, Bribery: Athletic contests Certiorari: Effect of denial Compelled testimony: Restricted immunity from later jeopardy Conspiracy Entrapment: House of ill fame Escape: Excessive sentence Explosives: Vendor Felony: Bolita Lotteries Florida Child Molester Law: Validity 95, Gaming: Federal tax Public utilities Habeas corpus: First degree murder Habitual criminals: Validity of life sentences illegal search and seizure Inducement to abort: Third degree murder Justifiable homicide Larceny: Re-defined Murder: Commutation of death penalty Effect upon descent and distribution Scope Narcotics: Sale to infants Ostructing justice: Florida Highway Patrol Pardon: Violation Parole: Time of Procedure: Charge to jury Habeas corpus Harmless error Inflammatory remarks Information Juries Prejudicial error Reversible error Rape: Molesters Robbery: Minimum sentence of ten years Search and seizure: Consent Subversive activities: Felony Worthless checks: Prosecution 115, PAGE

9 D DAMAGES Alteration of amount: Supreme Court Evidence: Sufficiency of Excessive: Pain and suffering Liquidated: Real property contracts DIVORCE See also Family Law Alimony: Appearance of defendant; ne exeat bond Chancellor's discretion to refuse Deferment of application Denial Effect of intervening divorce Enforcement Florida discovery rules Modification 362, Need for specificity in decree Presumption of earning capacity Proper award of Support When ceases Wife's earning power; no defense Temporary order not final judgment Unconnected with divorce Attorney's fees Bill of review: No new charges Desertion: Reconciliation Erroneous decree Estate by entireties Grounds: Adultery Cruelty Desertion Intemperance Jurisdiction: Residence; domicile Master's fees Modification of decree: Foreign state Motion to quash decree: Prima facie validity Prior marriage: Presumption of validity Property: Division of 284, Effect of unsuccessful action Partition Tenancy by entireties Reconciliation: As defense against desertion Duty of husband Good faith Recrimination: Jushtification Residence: Requirement 98, Revocation of will Separate maintenance: Part of desertion period Separation: Laches Property settlement Public policy Wills Support of children Venue: Privilege DOMESTIC RELATIONS See Divorce, Family Law DOWER Election: Death before Disabilities Estoppel Homestead: Wife's rights , 377 EASEMENTS See Real Property ELECTIONS Ascertainment of freehold electors Ballots: Marking Constitutional Law: Freedom of speech Contested results: Time for complaint Florida: Party fealty oath Freeholders: Requirements Recount Sale of alcoholic beverages EMPLOYERS Admiralty: Liability under Jones Act Rights and liabilities under lay plan EQUITY Class suits: Representative defendants Clean hands doctrine Cloud on title: Relief Fraud: Cloud on title Joinder of parties: Insufficient allegations Jurisdiction: Reason for injunction Masters: Compensation Nuisance: Plaintiff must be interested Reformation of contract: Parol evidence Removal of administrator: Mismanagement Specific performance: Parol gift of land Unfair compeitton: Injunction

10 ESCROW Escrow agreements: Abrogation Conditions Delivery to grantee Elements Florida rule Irrevocability Statute of Frauds Escrow holder: Agent, trustee or fiduciary Defalcation Delivery Partial performance: Grantee's interest Relation back doctrine: Protection of grantee ESTATES Adopted children: Considered as a natural child Claims: Against estate Co-tenancy Investment of fiduciaries Effect of divorce Tenancy by entireties: Generally EVIDENCE Admissability: Deceased's clothing Habeas corpus, first degree murder 607 Preliminary hearing 96 Public opinion polls 99 Speed of train 99 Waiver 98 Burden of proof: Restraining order violation 610 Circumstantial: Consistent with defendant's guilt 464 Proof of death in civil case 606 Florida Legislature: New statutes 465 Judicial notice: Florida Supreme Court 460 Parol: Admissible to clear up ambiguities 464 Presumptions: Public officials 464 Validity of last marriage 385 Privileges: Attorney and client 464 Separate crimes: Admissibility 463 Testimony: By member of grand jury 97 Witnesses: Adverse parties 461 Witnesses: Adverse parties 461 Written and demonstrative evidence: Admissibility in homicide prosecution 462 FAMILY LAW See also Divorce Adoption: Adults Affecting inheritance Black market babies Consent Alimony: See Divorce Annulment: Fraud Bigamy: Estoppel Child support decree: Revision Common law marriage: Burden of proof Cohabitation Recognition Custody: Change; conditions of Children of tender age Divided Full faith and credit Jurisdiction of juvenile court Jurisdiction over non-resident Paramount interest of child Step-father v. natural father Res judieata Stipulation against appeal invalid Unfitness Visitation privileges Death of child: Parent's pain and suffering Desertion: Separate maintenance Guardianship Husband and wife: Property settlements; interpretation Vicarious tort liability Illegitimacy: Hotel register 380 evidence Loss of consortium 384 Lump sum settlement: Modification 99 Minority: Disability of minor 354 spouse removed by federal act Minority: Disability of minor spouse 99 removed by federal act 386 Murder: Effect on laws of descent and distribution Quaker marriages Separate maintenance: Desertion Limited award Standard of living test Separation agreement: Modification Statutory marriage: Waiting period Support: Adult child Damage suit Lump sum Responsibility for insane spouse Uniform Dependents law 123, 128, FLORIDA 366 County bond issue: Defects cured 367 by legislature Public employees: Day laborers; retirement benefits Public Welfare: Exclusion of certain income Forfeiture of assistance to 381 the blind 124 ix

11 Rolls 130 Totally disabled persons 130 Bibliography: Orfield: Growth of Scandinavian law 659 Schwartz: French Administrative Law and The Common Law World FRAUD Annulment of marriage Real property conveyances GAMING Federal tax stamp Hotels: Gambling on premises I License: Gambling Liquor license: Gambling Public utilities: Duty to report HEALTH See Public Health HOMESTEAD PROPERTY See Real Property HOUSING Housing authority: Powers HUSBAND AND WIFE See Family Law INFANTS Employment: Where alcoholic beverages are sold INJURIES Admiralty: Jones Act Lay plan INSURANCE Accident: Duty to notify Interpreted Accidental death: Pre-existing physical defect Adjuster's authority Agents: Apparent Scope Insurance agent and solicitors law Knowledge imputed to company; generally Application: False statements Attorney's fees Blanket fidelity bond Change of beneficiaries Commissioner: Notice of disapproval Comprehensive coverage Contract: Interpretation of 'annually" Delaratory judgment Defined Indemnification by third party: Terms of contract Insurers: Non-admitted Liability: County School Board for premiums tax Liability: Encroachment by accident Life: Domestic insurers Marine: Passenger hazard exclusion clause Misrepresentation: Physical history of assured Refusal of other insurance Sound health clauses Policies: Ambiguity Construction Group life Intent of parties Limited liability Notice of cancellation Subject to laws of state of issuance Surety contracts Theft Premium tax Process: Unauthorized foreign insurers Property; Agent or broker Regulation: Legislation Rights of parties: Assignee Assured Conditional vendor and vendee Subrogee Scope and coverage: Original intent of the parties Power of Industrial Commission to interpret a policy Workmen's compensation policy Settlement: Attitude of insurer Duty to insured Statutory enactments: Accident and sicknesses Adjusters Agents and Solicitors Agent's character report Agent's examination Alien fire and casualty companies Burial contracts Capital stock

12 INDEX-I)ICEST Excise tax on documents Fire, casualty and surety Foreign insurance companies; credits Group, accident and sickness Group life insurance Investments by domestic corporations Maintenance or personal care agreements Names of companies Temporary licenses of life agents Trade practices Supervision of policy provisions: Notice of disapproval PAGE Taxation on premiums: Exemption of domestic corporations 339 Legislative intent 339 VandaUsm: Accidental or intentional act 86 AdJudicated 85 Defined 84 Solutions to the problem 87 Waiver and estoppel: Acceptance of premiums with knowledge 343 Effect of denial of liability 344 Filing of proofs of loss 344 Necessity for pleading 344 INTERNATIONAL LAW Bibliography: Bishop: International law, Cases and Materials 146 JUDGMENTS Administrative hearings: Finality Alimony: Temporary order not final Courts: Power to modify or set aside Equity decree: Res judicata; avoidance of doctrine Excess: Insurer's liability Foreign: Interest In personam: Necessity for personal service Liens: Necessity of certified transcript Recovery of travel expenses Res judicata: Bastardy proceedings Circuit court: Fee for mailing process Clerks: Fees County judge: As committing magistrate Disqualification of judge: Affidavits 105, Judges: Compensation Justice of peace: Compensation JURIES Civil trial jury: Choosing of Constitutional Law: Right of trial by jury Foreman: Duties Grand jury: Administrative aids and assistants Distinguished from petit jury Federal constitutional provisions for History Impaneling procedures in Florida Increasing membership Indictment Information Jury service 206 Presentment 589 Privilege against self incrimination: Statutory immunity 590 Report: Classification 592 Report: Jurors immunity from suits arising from statements in 592 Subpoena Duces Tecum 591 "True Bill" 588 Unauthorized persons in chambers: Deputy marshalls 589 Unauthorized persons in chambers: Generally 589 Voluntary testimony 591 Jurors: Absence of accommodations 2 Call to duty 4 Conduct 8 Handbooks 2 Creed 3 Lack of information 2 Qualifications 4 Jury Service: Excuse from 11 Petit jury: Cases tried before 5 Defined 5 JURIES Petit jury: Generally 588 Separation: Allowed 96 Verdicts: Procedure 9 JURISDICTION County judge: Homestead Court of admiralty Military bases: State courts Small claims court JURISPRUDENCE Bibliography: Dean; Hatred, Ridicule or Contempt Del Vecchio; Justice 125,

13 LABOR LAW Actions: By labor organization 250 Service of process 251 Unions; not members' agent 251 Apprentices: State Apprenticeship Council; composition and powers Closed shop: Illegality ,286 Collective bargaining: Agreements Agreements: void with closed 249 shop provision 249 Public Utility Arbitration Act 248 Florida: Need for revision 252 Public utility arbitration law 101 Florida Industrial Commission: Department of Apprenticeship 246 Picketing: Coercion or violence: injunctive relief 250 Lawful purpose 250 Right to engage in peacefully State's right to enjoin; 250 limitations Prevailing wage rate: 252 Public works 241 Scope 248 Unemployment benefits: Inadequacy 252 Unemployment compensation: Appeal Attorney's fees; when 246 recoverable Florida's increased benefits Unions: Coercion of members; prevention 249 LANDLORD AND TENANT Constructive Trust: Acquisition of adverse title by tenant 426 Contract: Indemnity 287 Eminent domain: Appointment of award 429 Equitable relief: Advertising signs 429 Renewal of lease Statutory eviction Lease provisions: Interpretation 426 Liquidated damages: Validity of provisions 425 Oral improvement contract: Voided by contrary custom Surrendered premises: Damages LEGAL EDUCATION Dean's Letter LEGISLATION Florida: Agricultural securities exempted LIABILITY Inkeepers: Salesmen Vicarious: Owner of vehicle LEGAL ETHICS Bibliography: Baumgardt: Bentham and the Ethics of Today LICENSES Driver's license: Examination Fishing boats: Outside territorial waters Gambling Liquor: Gambling Transfer Liquor license: Veterans organization Nursing homes Pharmacy certificates : Applicable law Outdoor advertising Revocation; Liquor license due to gambling Schools: Commercial driving Used car dealers LIENS Admiralty: Lien under lay plan Mechanics: Filing Generally Priority 101, Priority: Accounts receivable LIMITATION OF ACTIONS Actions by state: Barred if not commenced within 20 years Ejection: Transfer of suit PAGE 605 o MAINTENANCE AND CURE See Admiralty MARITIME LAW See Admiralty MASTER AND SERVANT See Employers MASTERS Compensation: Divorce MORTGAGES Foreclosure: Legislation MOTOR VEHICLES Automobiles: Entrustment Licenses: Revocation Rigistration Rental agencies: Implied consent to family use Title certificates Titles: Recording of liens Used car dealers: Licenses MUNICIPAL CORPORATIONS Administrative official: Seniority Assessment Liens: Relation to benefits accruing

14 I NDEX-DICEST Bonds: City taxes pledged 263 Governed by laws of the state 254 Necessity of vote by qualified electors 254 Public purpose 254 Refunding previous issues 254 Statute of limitations on interest coupons 261 Validation 253 Contract: Employee interest 257 Purchase of water system 254 Distinguished from counties 556 Elections: Inclusion of issues 268 Validity 268 Eminent domain 268 Employees and officers: Absence or temporary incapacity 257 Civil service status 254 Freedom of expression 257 Fines and forfeitures: Source of payment 254 Functions: Competition with private interests 260 Governmental necessity: Voting machines 253 Liability: Connecting link roads 102 Duty to upkeep streets 260 Failure to furnish medical aid at time of arrest 259 Governmental or proprietary functions 253 Immunity 103 Injuries inflicted by police 259 Injuries occurring on state roads 259 Notice 102, 103, 260 Patient injured by negligence of hospital employees 259 Refusal to issue building permit 259 Torts: agents 103 Tort; notice and statute of limitations 274 Tortlous acts of police in exercise of governmental function 259 Licenses: Fishing and sight-seeing 267 Regulation of liquor licenses 266 Management: Court interference 254 Necessity: Incinerator and garage disposal facilities 254 Notice: As condition precedent to suing in tort 258 Obligations: Test of validity 254 Ordinances: Authority to investigate applicant for liquor license 264 PAcE Bids 102 House trailers 102 Indefinite standards 102 Limitation on number of tax ordinances 266 Minimum width of land dedicated to streets 265 Plumber's licenses 265 Possession of gaming equipment 265 Reasonableness 264 Regulating hours, location and sanitary conditions of business 264 Regulation of speed limit 265 Suspension of city manager 265 Title 268 Validity 264 Powers: Off street parking 102 Protection of general welfare 254 Recreation: Facilities 254 Remedies: Interest of nonfreeholder in bond election 271 Quo warranto 270 Right to enjoin 271 Revenue: Service excise taxes 253 Financing of bonds 254 Source 255 Sewer Financing Act: Validity 254 Sovereignity: Tidelands 262 Taxes: Ad valorem tax relief 263 Authority to compromise tax claims 263 Cigarette; legislative control 254 Immunity to county taxes 263 Lands outside jurisdiction of municipality 262 Limitation on numbers of tax ordinances 266 Pledge of city taxes for bond obligation of county Property below low-water mark Surplus gas tax funds 261 Torts: Vicarious liability; common law 555 Vicarious liability; immunity from 557 Validation: Bonds and certificates of indebtedness 253 Vote: Freeholders: approval Zoning: Change of classification 268 Garbage disposal 267 Legislative intent 267 Regulation of intoxicating liquors 266 Buildings 265 NEGLIGENCE See also Admiralty, Employers, and Torts Automobiles: Joint adventure Bibliography: Kramer: The Medical Aspects of Negligence Cases Contributory negligence: Hotel guest Dangerous condition: Notice Dangerous work place: Employee's duty Defenses: Assumption of risk Contributory negligence xiil

15 Imputed negligence Last clear chance Duty: Trespasser or licensee Emergency doctrine Evidence: Sufficiency of Forseeability of injury Knowledge: Imputed Landlord: Dangerous Caretaker Meaning and Proof: Attractive nuisance; children Duty and reasonable care Foreseeability Proximate cause Res ipsa loquitur Negotiable instruments: Recovery by a holder in due course Proximate cause Railroads: Exemption from liability by contract Res ipsa loquitor: Necessary evidence Slip and fall cases: Dangerous condition Knowledge Notice Proprietors of public places Standard of care: Power lines Statute of limitations: Date of injury Statutory problems: Death by Wrongful Act Statute Railroad statutes The Jones Act Workmen's Compensation Vicarious liability: Owner of vehicle NEGOTIABLE INSTRUMENTS Anticipatory breach of contract Checks: Subject to refusal Conditional delivery: Conditions subsequent or precedent Parole evidence rule Consideration: Burden of Proof Sufficiency Defense: Fraud Fraud: In the absence of negligence Inception or execution; real or personal defense Holder: Assignee of conditional sales contract Presumption for value Purchaser in good faith Recovery for negligence Liability of parties: Indorser Rights of assignee Rights of indorsee against drawee bank Negotiability: Expression alone insufficient Seals: Negotiability of sealed instrument Statute of limitations Typewritten POLITICS Republican Executive Committee: Availability of legal process Violation of party oath PRINCIPAL AND AGENT Counties: Vicarious liability Labor union: Members' agent Municipal corporations: Vicarious liability PROCEDURE See also Juries Adoption: Governed by chancery rules Affidavits: Barred Affirmative defenses: Pleading of waiver or estoppel Statute of limitations Appeal: Filing New trial Time for Appeal and error: Adverse ruling: saving point of Affects of death Argument to jury 95, Assignment of errors: joint or several Assignment of errors; necessity for Certiorari; effect of denial Common law certiorari; when applicable Death and review Declaratory judgment Dismissal; moot cases Divorce Final judgments and decrees Harmless error statute Jurisdiction; Manner of acquiring Objection to jury charges Petition: effect of denial Record on appeal; federal court rule Record on appeal; Florida Supreme Court rule Record on appeal; generally Record on appeal; printing problems Review Rights of parties Statutory certiorari Sufficiency of entry Supersedeas or stay Supersedeas bond; improper conditions

16 PAGE Time; motion for new trial 443 Time; petition for rehearing 444 Appeal as supersedeas. Court costs 119 Certified questions: Constitutional questions 459 Certiorari: Common law writ 104 Denial of motion to dismiss 104 Effect of denial 134 Stay pending 107 Change to jury: Punitive damages 105 Warranties 105 Civil trial: The course of 7 Complaint: Bill of particulars 453 Contractor's lien 612 Motion to amend 453 Condemnation: Separate trial of issues 105 Consolidation of trials 105 Continuance: Legislators 93 Criminal Law: See Criminal Law Declaratory decrees 105 Declaratory judgment: Justiciable controversy 105 Discovery: Motion to inspect 452 Refusal to give deposition 452 Dismissal and non-suit: Involuntary dismissals 455 Matter of right 455 Disqualification of judge: Affidavits 105 Eminent domain: Public utility companies 129 Evidence: On appeal 94 Extension of time: For testimony 94 Federal rules: Voluntary dismissal 135 Habeas Corpus: Extradition 105 Indictment: Definition 589 Information 588 Injunctions: Bond 105 Surety bonds 106 Instructions: Error 106, 457 Intent 96 Repetition of charge to jury 457 Judicial notice: Amended bill 106 Florida Supreme Court 460 Juries: Privacy in jury room 12 Jurisdiction: Diversity of citizenship 638 Law or equity 450 Discretion of court 453 Service of process 638 Summary procedures 454 Mandamus: Petition requirements 106 Mortgages: Foreclosure 129 Motions: Discretion of court 606, 613 Summary final decree 106 New trial: Filing of motion 458 New evidence 74 No verdict returned 458 Statement of grounds 458 Petition for rehearing: Time for filing Pleadings: Architect's lien 613 Departures 106 Negligence 613 Presentment: Definition 589 Pre-trial conference: Failure to attend 451 Process: Foreign corporation 606 Form 451 Service on unauthorized foreign insurer 604 Right to closing argument 97 Service of process: Non-resident doing business 613 Substituted 630 Summons 107 Setting judgment aside: Showing good cause 459 Time limit 107 Subpoena Duces tecum: Use by Grand Jury 591 Sufficiency of evidence: On appeal 94 Summary judgment: Affidavits 455 Effect of denial of motion to dismiss 455 Waiver of jury trial 95 Taking testimony: Extension of time 454 Vacation of order: Result thereof 459 Venue: Divorce 356 Florida Revenue Act 450 Internal improvement fund 603 Verdict: Defect 107 Voluntary dismissal: Non-payment of corporate taxes 60 Writ of Coram Nobis: Time for filing 107 PROXIMATE CAUSE See Negligence 104 PUBLIC HEALTH Hospitals: Tax exemptions 154 Incompetency: Examining committee 120 Private hospitals: Power to exclude physicians 100 State hospitals: Liability of solvent lunatics for care 100 Tuberculosis: County responsibility 119 Recalcitrant patients 120 PUBLIC LANDS SeeProperty PUBLIC OFFICERS Florida: Assignment of retirement fund 118 Assignment of salary 118 Dual employment 118 Duties of state attorney 119

17 Governor; power of appointment Governor; publication of opinions Veteran's preference points PA E PUBLIC UTILITIES Public Utility Arbitration Law Gaming: Duty to report Rulings of Railroad and Public Utility Commission RAILROADS Federal Employers Liability Act Federal Safety Appliance Act Negligence: Exemption from contract Rulings of Railroad and Public Utility Commission REAL PROPERTY Adverse interest: Notice Adverse possession: Boundaries Co-tenant Generally 402, Anti-racial covenants: Validity of Boundaries 107. Cancellation of tax deeds Condemnation: Florida Constitution Conflict of laws: Aliens Contracts: Down payment as liquidated damages Covenants for title Conveyance: Recission Witness requirement Dedication: Construction Generally Florida statute Deeds: Cancellation Curative statute Delivery; conditional Estoppel by Forgery Fraud Interlineation of Descent and distribution Dower: Generally Requirement to elect Right to election; guardian Easements: Dedicated lands Florida statute Implied grant Oral promise Water rights Ejeetment Boundary line disputes Eminent domain: Apportionment of award between lessor and lessee Before and after value rule Business value theory Deprivation of right Florida Constitution Florida statute Generally Intrinsic value rule Investment securities rule Municipalities 268 Use rule 138 Encroachments: Marketability 614 Entireties: Affect of wrongful conduct upon right of survivorship 431 Wife's interest 108 Estates: Co-tenancy 405 Limitation of claims against 436 Objections to claims against 435 Florida Murphy Act: Recovery by former owner 120 Fraud by seller: Rescission 396 Future interests: Florida statutes 411 Gift: Parol; enforceable in equity 393 Homestead: Circuit court jurisdiction 578 Composition 408 Defined 108 Dower 108 Effect of Power 377 Exemptions: Florida Constitution 409 Exemptions: Florida statutes 411 Exemptions; for non-resident child 365 Generally 577 Jurisdiction of county judge 577 Penalty 128 Installment land contracts: Estoppel 394 Forfeiture 394 Waiver of performance 394 Mechanics' liens: Generally 414 Florida 414 Mortgages: Foreclosure 412 Generally 413 Redecoration 436 Option contracts 289, 614 Public lands: Conservation 129 Sale 120 Topsoil 120 Quiet title suits 402, 614 Recording: Constructive notice 400 Restrictive covenants: Public policy 108 Strictly construed 424 Rezoning: Constitutionality 605 Riparian rights: Assessments 130 Rule against perpetuities 412 Slander of title: Statute of limitations 614 Special titles: Tax deeds 416 Statute of Frauds: Easements 108 Part performance 288, 392 Services rendered as consideration 392 Tax assessments 614

18 Tax deed: Procedure Tenancy In common Tenancy by entirety: Divorce Treaties: Right of aliens PAGrE 614 Writ of assistance 407, 413 REMEDIES Administrative: E :haustion 375, 378, 405 Admiralty: Recove: ry under to in] herit 514 Jones Act PAGE 419 SCHOOLS AND EDUCATION County board: Attorneys Compensation of teachers Transfer of teachers Educational television survey High school principals: Appointment School teachers: Probable disloyalty Tax exemption: Corporate lessor Tax districts: Bonds Teachers: Qualifications SEARCH AND SEIZURE See also Constitutional Law Consent SECURITIES Combination of agreements Commissions: Trust certificates Surety bond: Effect of renewal with notice of default STATUTES Federal: Bankruptcy Act Conformity Act Corporations tax law Employers' Liability Act Fair Labor Standards Act Foreign Aid Appropriations Act Jones Act 16, 66, Labor Management Relations Act LaFollette-Furuset Seamen's Act National Labor Relations Act McCarran Act Proposed Revenue Act of 1954 Safety Appliance Act Tort Claims Act 139, 232 Florida: Bastardy Act 229, Child Labor Law Child Molester Act 95, 115, County Officers and Employees Retirement Act Criminal Procedure Act "Dead Man's Statute" Death by Wrongful Act Statute Guest statute Habitual Criminal Statute Harmless error statute Housing Authorities Law Juvenile Court Act Mechanics' Lien Law Motor Vehicle Law Murphy Act xvi Negotiable Instruments Law Public Utility Arbitration Law 101, Revenue Act Sanitary Sewer Financing Act 253, Securities Law State Beverage Act State securities or "Blue Sky" law Sunday closing laws Unauthorized Insurers Process Act 211, Unemployment Compensation Law Uniform Appeals Act Uniform Judicial Notice Act Uniform Support of Dependents Law 123. Workmen's Compenstion Act 110, 474, New York: Civil Practice Act Non-resident motorist act Statute of fraud: Circumvention of statute Easements Florida 288. Oral promise to give easement Statute of limitations: Affirmative defenses Interest coupons on bonds State securities law Statute of uses: Florida Uniform Business Corporation Act: Florida Uniform Sales Act: Florida Titles: Restricting effect of repeal TAXATION Certificates of title: Documentary stamp tax Charitable institutions: Exemptions Collection: Intangible tax C.P.A.: Privileged Communications; tax returns Deductions: Bad debts Documentary stamp tax: Exemptions Due Process: Public purposes Estates: Non-resident Exemptions: Catholic Church Domestic insurance corporations premiums

19 PAcE Federal lands leased by corporation 153 Hospitals 154 State commission lands 154 Treasury certificates 122 Florida: Documentary stamps 155 Exemptions of state commission lands 153 Homestead exemption 151 Foreign corporations: Accounts receivable 122 Income: Capital gain 594 Intangible personal property: Mortgage guaranteeing annuity 122, 130 Interpretation: Trade or business 595 Judicial developments 151 Legislative Developments 156 Motor fuel tax: Method of refund 122 Municipal corporations: Ad valorem tax relief 263 Authority to compromise tax claims 263 De Facto corporation 263 Immunity to county taxes 263 Lands outside jurisdiction of municipality 262 Pledge by city for bond obligation of county 263 Non-business bad debts 593 Proposed Federal Act of 1954: Allocation of basis 536 Basis of assets in liquidation 544 Capital contributions by non-stockholders 551 Collapsible corporations 544 Complete liquidation of corporation 531 Continuity of interest test 548 Corporate dividend distribution 530 Corporate liquidations 541 Corporate readjustments 546 T TITLES Adverse possession 417 Cloud on title: Adverse claim 609 Tax deeds 416 Writ of Assistance 419 TORTS See also Negligence Actions: Fraud and deceit 654 Admiralty: Jones Act, foreign seamen 19 Merchant Marine Act 24 Torts governed by flag law 32 Torts on high seas 34 Assault and battery: Punitive damages 478 Attractive nuisance: Duty owed to trespasser 483 PAGE Definitions 540, 545 Determination of holding periods 542 Dividends as caital gains 530 Divisive reorganizations 547 Double tax in liquidation of corporate property 542 Foreign corporations 552 Gain or loss in corporate acquisitions and separations 549 Gain or loss in liquidation of corporation 542 Inactive corporation 549 Inactive corporation stock distribution; when taxed 548 Inventory assets 543 Inventory distributed as dividend 537 Liquidation of subsidiaries 541 Obligations of subsidiary 542 Organizations, acquisitions and separations 552 Partial liquidation of corporation defined 545 Publicly held corporation 550 Redemption of stock 531 Reduction of stockholder's interest 532 Rules for adjustments 538 Rules of attributed ownership 539 Security holders 536 Stock exchanges 535, 552 Stock redemption after death? 533 Stock redemption as dividend income 530 Stock redemption from estate 532 Transfer of assets after liquidation 552 Transfer tax 537 Reality: Documentary stamp tax 109 Retailers: Chain stores 130 Tax sales and interest rates 123 Venue 155 Conversion: Property principles 479 Counties: Vicarious liability 556 Defamation: Damages 480 False arrest: Liability 109 False imprisonment: Malice 479 Federal Tort Claims Act: Discretionary function exception 139 Indemnity 655 Purpose 140 Husband and wife: Vicarious tort liability 383 Indemnity: Common law principle 656 Federal Tort Claims Act 655 Government employees 655 Insurance: Limited liability policy 651 Intentional torts 478

20 Liability: Municipal corporations Public servants Libel: Damage Malicious prosecution: Elements Misrepresentation Municipal corporations: Liability; generally Liability; immunization Paying patient Prisoners Tortious acts Notice Rights of charity patient Vicarious liability; common law Municipal hospitals: Suit by patient on contract theory PAGE Nuisance: Garbage disposal plant not per se Injunction Purchaser: Recovery; absence of contract Slander: Charge of communism Publication TRIALS See Juries and Procedure TRUSTS Admiralty: Lay plan owner, quasi trusts Beneficiaries: Protection of by judiciary Constructive: Competing bidders Testimentary trustees: Qualification and supervision PAGE of 437 USURY Defense of by corporation Forfeiture WARRANTIES Non-warranty clause WILLS Adoption: Descent and distribution Affecting inheritance Affect of wrongful conduct: Upon right of survivorship Contestants: Attorney's fees Power: Generally Legislation Time for election Estates: Disposition of income Estoppel: Deserting husband Jurisdiction: County judge Misconduct: Estoppel Mutual and reciprocal Probate: Jurisdiction of county judge Revocation: By divorce Effect of separation agreement Specific bequest: Effect of stock split Statute of frauds: Oral contract to devise real estate Uncertain devise: Effect Vesting of estates: Time WORKMEN'S COMPENSATION Allergy Child labor Coverage: Accidents; judicial interpretations Employee: Partnership Florida Compensation Law: Amendments Insurance: Scope Injury: Unexpected Medical expenses Minors: Acceptance Workmen's Compensation Act Modification of awards Negligence and cause Remedy of parent: Recovery; pain and suffering Review of compensation orders Scope of review: Substantial Evidence Rule Uniform Appeals Act Statute of limitation Statutory problems ZONING Billboards 1101 Police power: Unreasonable burden Validity: Evidence

21 TABLE OF CASES-VOLUME Viii Refercnces ii Italics are to CASES NOTED; thosc i1 plain type to cases of rmain reliance. Adams v. Housing Authority of Daytona Beach , 171, 274 Adams v. Vidal Advertects, Inc. v. Sawyer Industries, Inc , 334 Akin v. Godwin Aldred v. Romano Alexander v. Colston Allen v. Edwards Amalgamated Ass'n of Street, Electric Ry. and Motor Coach Employees of America, Division 998 v. Wisconsin Employment Relations Board American First Insurance Company v. King Lumber & Mfg. Co, 212 Amtorg Trading Corp. v. Miehle Printing Press Mfg. Co Anglin v. Lauderdale-By-The-Sea Ashwood v. Patterson, Auto Mutual Indemnity Co. v. Shaw 653 Avey v. West Palm Beach Avon Park v. Giddens Ballard v. Tampa Banks v. Housing Authority Barnett v. New England Mutual Life Ins. Co Barrs, Judge v. State cx rel. Britt. 580 Beasley v. Gisten Beatty v. Flannery Beck v. F. W. Woolworth Co Beck v. Wylie Beitler v. Turner Bell v. Thompson Bennet v. Bogue Bensam Corporation v. Fenton Bernecker v, Bernecker Bird Key Corp. v. Sarasota Board of Commissioners v. Sebring Realty Company Board of Public Instruction v. Board of County Commissioners Bonnie Gray Case, the Borrego v. State Bower v. Bower Bower v. Seleeman Boynton v, State Bradley v. Associates Discount Corp., 457 Bradley v. Jacksonville Brady v. Brady Branch v. McGlynn Brass v. Reed , 450 Brensinger v. Margaret Ann Super M arket Britt v. Ocala Brooker v. Saunders Realty Co Brooks v. Pan American Loan Co PAGE Brooks-Garrison Hotel Corp. v. Sara Investment Company Brooks-Scanlon Inc. v. Lee Brown v. Allen Brown v. Eustis Bryan v. Bryan Burket v. Johnson Burks v. United States Burton v. Keaton Cacciatore v. State , 181 Campbell v. Jacksonville Kennel Club, Inc Campbell v. McLaurin Investment Co. 331 Campbell v. Thomas Canell v. Arcola Housing Corp Carnegie v, Department of Public Safety Carls Maret v. Meyer Carlton Estate v. Keller Carpenters' District Council v. Miami Chapter of Associated General Contractors Carroll v. United States Cartinhour v. House Catherall v. Cunard S.S. Co Chambers v. Loftin Chase v. Board of Public Instruction of Dade County Chase v. City of Sanford , 196 Chastain v. Mayo City of Ocoee v. Bowness Clark v. Montezuma Transport Co Clay v. Reynolds Coco v. State Coleman v. St. Petersburg Collins v. State Congressional Amusement Corp. v. W eltm an Cooper v. Sinclair Corrigan v. Buckley Cottages, Miami Beach, Inc. v. Wegman , 392 Crockin v. Boston Store of Ft. Myers, Inc Cromer v. Layton DalChite v. United States Daniels v. Newton Darr v. Burford Dartmouth College v. Woodward. 305 Davis v. Dunn De Carlo v. West Miami De Lotto v. Fennell Deeb v. Kestner Deneen v. Slatcoff ,

22 TABLE OF CASES Deputy v. DuPont Dingley v, Oler Dorsey v. Stuyvesant Drowdy v. Warfield Duff Hotel v. Ficara Earn Line v. Sutherland S.S. Co Eckert v. Burnet Ehrlich v. Barbatsis Holding Co Ell Witt Cigar and Tobacco Co. v. M atatics Elrod v. Daytona Beach Erie R.R. v. Tompkins... 22, 231, 649 Ervin v. City of North Miami Ervin v. Taylor Euse v. Gibbs Evans v. Monaghan Favors v. Randall Feller v. Equitable Life Assur. Soc Fidelity Casualty Co. of New York v. Beginfield Fleetwood v. Milwaukee Mechanics Ins. Co Fletcher v. State Flexner v. Farson Flint v. Stone Tracy Co Florida Power and Light Company v. Knost Florida State Board of Architecture v. Seymour Foley Lumber Company v. Koester Fountain of Youth Broadcasting Co. v. Church Frazier v. Foreign Bondholders Protective Council, Inc Gate City Garage v. Jacksonville Gay v. Jacksonville Symphony Ass'n. 450 Gerde v. State Gerken v. Streit Gerradin v. United Fruit Co Gilman v. United States Gluck v. State Goodwin v. Tampa Gordon v. Citizens and Southern National Bank Gordon v. Gordon Gore v. Hansen Gough v. State Gregory v. Circuit Court Griffin v. McCoach Guess v. Agar Gulf Appliance Distributors, Inc. v. Long Gustafson V. Ocala Haas v. Crisp Realty Company Hall v. Northern and Southern Co Halseth v. Cleveland Trust Company. 416 Handlon v. Town of Belleville Hanes v. Watkins Harpold v. Stock , Hart-Parr v. Finley Harvey Aluminum, Inc. v. American Cyanamid Co Hassenteufel v. Howard Johnson, Inc. of Florida Hay v. Wanner Henderson v. Gay Henderson v. State Herr v. Butler Hettenbaugh v. Airline Pilots Ass'n International Hewett v. Hewett Higgins v. C.I Highland's Home Builders v. Marine Bank and Trust Company. 413 Hillsboro Investment Co. v. Wilcox 581 Hillsboro Plantation, Inc. v. Plunkett 458 Hilton v. Goyot Hochster v. De La Tour , 71, 72 Holbrook v. City of Sarasota , 289 Home Insurance Co. v. Dick Hotel and Restaurant Employee's and Bartenders' Union Local No. 156 v. Cothron Hunt v. Merchants & Manufacturers Ins. Co Huntingdon v. Attrill Hussa V. Hussa In re Delaware Hosiery Mills In re Grand Jury Subpoena Duces Tecum In re Hewett's Estates In re Joy's Estate In re Royse 200 In re Stoll-Meyer Wood Crafter's Inc. 574 In re Vail's Estate In re Warner's Estate... 57P International Shoe Company v. Washington , 630 International Stevedoring Co. v. Haverty James v. Gulf Life Ins. Co Jermak v. Fisher Jones v. Neibergall Jones v. Slick Johns v. Clay Electrical Co-op Ass'n Johnson v. Johnson Johnson v. Wallden Kaminski v. State Kaufman v. Tallahassee Keggin v. Hillsborough County Kennedy v. Daytona Beach Kessler v. McGlone Keyes Co. v. Dade County Bar Association Kramer v. State Kraver v. Edelson Kyriakos v. Goulandris La Viness v. Mauer Lamber v. Sistrunk

23 TABLE OF CASES Lambertson v. Williams Landrum v. Marion Builders Larkin v. State Lathan v. Hawkins, Clerk of Circuit Court Lauritzen v. Larsen Lee v. Bank of George Lee v. Pelmar Lee v. Sas Levine v. Hamilton Lewis v. Jennings Lewis v. Miami Lindsay v. Miami Livingston v. National Shawmot Bank of Boston Local No. 234 v. Henley & Beckwith, Inc. 249, 286 Local Union No. 519 v. Robertson 249, 250 Lochner v. New York Loftin v. Miami Lopez v. Avery Lorenz v. Murphy Ludman Corp. v. Moyer Lynch v. W alker McCain v Andrews MeCloskey v. Johnson , 444 MeCord v. Smith McCorquodal v. Keyton McDonald v. Rose McGrieff v. McGill MeLaurin v. Oklahoma Regents For Higher Education McMichael v. Grady McQueen v. M. and J. Finance Corj)oration Mabson v. Mabson MacGregor v. Hosac Madden v. Metropolitan Life Ins. Co Makos v. Prince Malisk v, Dion Maloney v. McBrides Maloney v. Bpencer Manning v. Clark Mark v. Ormond Beach Markham v. Nisbet Matlack Properties v. Citizens and Southern National Bank Matter of Tarrytown Maxwell v. M iami Mayer v. Mayer Mead v. Bentley Metropolitan Life Ins. Co. v. Poole.. _ 232 M iami v. Benson M iami v. Bethel , 565 M iam i v. Hadley Miami v. Romer Miami Beach v. First Trust Co Miami Beach v. Hogan Miami Beach v. Perrell Miami Herald Publishing Co. v. Brown.481 PAGE Miami Laundry Co. v. Laundry. Linen Dry Cleaning Drivers Miami Paper Company v. Johnston 482 Miami Shores ivllage v. Bessmer Properties Miami Springs v. Lassiter Miami Transit Co. v. Goff Miami Typographical Union v. Ormerod , 251 Mikell v. Henderson Moore v. Boyd Moore v. City Dry Cleaners & Laundry, Inc Moore v. Draper Moore v. Union Mutual Fire Ins. Co. 85 Morgan v. Cook Morrison v. Malmguist Mumaw v. Robertson Nam. Han, Inc. v. Yedlin National Surety Corp. v. Grahn 457 Neirbo Co. v. Bethlehem Shipbuilding Corp Neisel v. Moran, Sheriff New York Life Ins. Co. v. Kincaid North Beach Investments v, Schelkowitz Ogden v. Ogden Olberding v. Illinois Cent. R.R Olivier v. St. Petersurg 253, 258 Omaha National Bank v. C.IR Orlando v. Pragg Oskaloosa Water Co. v. Board of Equilization 234 Overman v. State Board of Control 160 Overstreet v. Tubin Owen v. W arburton Palm Beach v. Vlahos Palsgraf v. Long Island R.R. 483 Panama City v. State , 172 Panama R.R. v. Johnson Paper Products Co. v. Doggrell Paradis v. Second Avenue Used Car Company Paramount-Gulf Theatres v. Pensacola , 263 Passmore v. Morrison Pawley v. Pawley Peeler v. Duval County Pembroke v. Caudill Pennoyer v. Neff Pensacola v. Maxwell Peters v. Brown Peterson v. City Commission Phillips v. Rhode Island Company Pickerell v. Schott Plarnals v. The Pinar Del Rio Plessy v. Ferguson Pollack v. Pollack Potter v. Garrett Powers v. Scobie

24 TABLE OF CASES Preston v. State Provident Life & Accident Ins. Co. v. M ather Railway Express Agency v. Brabham 483 Railway Express Agency v. Hoagland 456 Raleigh Operating Co. v. Naglo Corp. 137 Rapp v. Demmerle Resigno v. Jara Co Rice v. Sioux City Memorial Par Cemetery, Inc Rich v. United Mut. Fire Ins. Co Richmond v. Florida Power and Light Co Riehl v. Riehl Rinehart v. Phelps Roach v. Matanuska Valley Farmers Cooperating Ass'n Robertson v. Robertson Rodriguez v. Jones Roehn v. Horst Rooney V. Teske Rosenblatt v. United States Rudisill V. Tampa Russell v. Men of Devon Sackler v. Sackler Sand v. Hike Sanitary District v. Cullerton.. 13 Sarasota Kennel Club v. Shea. 293, 331 Savage v. Horner Sawyer Industries, Inc. v. Advertects, Inc Scaglione v. State Schott v. Pancoast Properties Schwartz v. Nizolek Scott v. Tampa Seagrams Distillers Corp. v. Benn Green, Inc Seashole V. O'Shields Seawell v, MacWithey Shapiro v. Hackel Shaw v. W illiams Shelley v. Kramer.. 641, 644 Shipe v. Consumers Service Co Shorter v. Bermuda &West Indies S.S. Ltd Shrader v. Shrader Slaughter v. Barnett Smith v. Arnold Sneed v. M ayo Sonnesen v. Panama Transport Co. 20, 34 South Dade Farms, Inc., v. B. & L. Farms South Investment Company v. Norton 395 Southern Paint Manufacturing Company v. Crump Sparkman v. State Springer v. M orris Stanford v. McGill Stanley v. Anthony Farms Stark v. Prayer State v. Anders PAcE State v. Board of Control , 193 State v. Broward County , 253 State v. Cootner State v. County of Sarasota State v. Dade City State v. Daytona Beach State v. Escabia County State v. Florida State Improvement Commission.. 193, 194 State v. Freeman State v. Grayson State v. Jacksonville , 260 State v. Lewis State v. Miami State v. Miami Beach State v. North Miami., 162, 169, 198 State v. Sumter County State v. Volusia County School Bldg. Authority State v. Willard , 190, 330 State v. Witt State Road Dep't v. Forehand. 271, 459 State ex rel. Weber v. Register Stea House, Inc. v. Barnett State West, Att'y Gen. v. Butler Stenor v. Lester Stewart v. Pacific Steam Navigation Co Stoffer v. Adams Stowell v. Santoro Strelt v. King Suddeth Realty Co. v. Wright Sugg v. Hendrix Suwanee County Hospital Corporation v. Golden , 259 Sweatt v. Painter Swift v. Tyson Tallahassee v. Fortune Tanksley v. Tanksley Tashiro v. Jordon Taylor v. Atlantic Maritime Co. 30, 34 Thomas v. Atlantic Coast Line Ry. Thomas Carlton Estate, Inc. v. Keller Torgersen v. Hutton Travelers Ins. Co. v. Taylor Triple E. Development Co. v. Floridagold Citrus Corp , 395 Tuggle v. Maddox Tully v. Travelers Insurance Co Twyman v. Livingston Tyner v. McDonald Underhill v. Hernandez Underwood v. Underwood United States v. Carper Unkelsbee v. Homestead Fire Ins. Co. of Baltimore Uravic v. Jarka U. S. v. California Von Baumbach v. Sargent Land Co