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101 Fla. 1489

134 So 508

Curry v. Wright, Sr.

Supreme Court of Florida

Decided May 7, 1931

Supreme Court of Florida · decided 1931-05-07

Relies on Brett v. First National Bank of Marianna

Good law ✅— No negative treatment on recordhow we know

Decided 1931-05-07

How this case has been cited

Cited by 9 later decisions — most recently August 1996

7 state decisions

401931194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Davis, J.,

¶1 (dissenting) :

¶2 The majority opinion apparently adopts as the rule in this state, that the long standing legal maxim “Ignorantia juris neminem excusat” does not apply to lawyers who prepare pleadings in cases, but does apply to every one else. This court has apparently failed to give effect to any such exception in the case of Brett vs. First National Bank of Marianna, 97 Fla. 284, 120 Sou. 554, and the many cases that have followed it, under which lawyers have been denied attorney’s fees because they failed to comply with ultra technical rules for pleading and claiming same in declarations and bills of complaint, and I hesitate to depart from well established precedents by making an exception in this ease in favor of a party who apparently knowingly and deliberately employed an attorney “entirely ignorant of the law of pleading and not possessed of great knowledge of the English language” to defend his case, as referred to in the opinion of my distinguished brother, Mr. Chief Justice Buford, in the majority opinion, especially when there was such a considerable number of qualified attorneys at the Jacksonville bar from which the party might have selected counsel more able to present his defense, if he has any.

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