Lottie Sykes Downing v. Preston Bird and City Homestead

BARKDULL, Judge. This is a second appeal in this case. The original final decree in favor of the appellees was reversed by the supreme court in a decision reported as Downing v. Bird, Fla.1958, 100 So.2d 57, and remanded for further proceedings. Thereafter, following amendments to the pleadings and issue being joined, a second final hearing was held before the chancellor which resulted in the entry of a final decree adverse to the appellant. Subsequent to the entry of the final decree, the appellant filed a petition for rehearing requesting that the court re-take all the testimony and evidence in the matter because of: first, the delay between the final hearing and the rendition of the final decree and, second, that the original proceedings resulting in the final decree had not been reported.