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A Guide to the Stephen C. O'Connell Florida Supreme Court Papers, 1955-1967

Finding aid created by Gary Beemer

University of Florida Smathers Libraries - Special and Area Studies Collections
April 2007


Descriptive Summary

Provenance: O'Connell, Stephen Cornelius, 1916-
Title: Stephen C. O'Connell Florida Supreme Court Papers
Dates: 1955-1967
Abstract: Papers pertaining to the work of Stephen O'Connell during his service as a Florida Supreme Court Justice.
Extent: 6 linear feet. (14 boxes)
Identification: Ms 210


Biographical/Historical Note

Stephen Cornelius O'Connell was born on January 22, 1916, in West Palm Beach, Florida. He earned his BS, BA, and J.D. from the University of Florida. While attending UF he was involved in several extracurricular activities, including serving as the president of the student body in 1938-1939, being a member of the Army R.O.T.C., and captaining the men's boxing team - winning the Southeastern Conference Championship in the middle weight division.

After graduating and being accepted into the Florida Bar in 1940, O'Connell practiced law in Ft. Lauderdale until joining the military during World War II. Beginning in 1941, O'Connell served in the Air Force in the position of director of physical training, eventually being discharged with the rank of major. He returned to private law practice and was active politically for ten years until the Governor LeRoy Collins appointed O'Connell to the Florida Supreme Court in 1955. Despite the fact he would take a substantial pay cut from his private firm, O'Connell joined the Court in October of 1955.

During his time on the bench, peers of Justice O'Connell remarked that his style of judicial review was marked by efficiency and a thorough respect for the law, legal precedent, and the correct mechanisms of government. During his two terms as a Justice, O'Connell was billed as a conservative, and according to his own definition of one, had great "respect for authority" and "respect for other people's rights." O'Connell was eventually named Chief Justice in June 1967, only to relinquish it to serve as President of the University of Florida, a position he accepted in September 1967.

O'Connell's presidential tenure was marked by dramatic social changes. During his six years as University President, O'Connell ensured the stability and improvement of UF through the characteristics that made him an exceptional justice - his effective listening and decision making skills. After enduring protests, marches, and various other disruptive activities, the campus remained intact and became more welcoming to minorities and the concept of diversity - significantly boosting minority student and faculty numbers during his tenure. O'Connell is also responsible for the preservation of some the University's oldest buildings, including the gothic University Auditorium. After his resignation in 1973, O'Connell again returned to private law practice and banking in Tallahassee, remaining active in his community and with the University until his passing on April 13, 2001 from cancer.

Sources: Interviews with Stephen C. O'Connell, December 16, 1986 and September 13, 1991, Oral History Program, University of Florida (transcript available online: http://www.uflib.ufl.edu/UFDC/).


Scope and Content

The Stephen C. O'Connell papers include court memorandums, oral argument opinions, case notes and opinion edits, judicial office correspondence, justice dissents and affirmations, and publishing corrections to the court record. These documents span his entire service as Florida Supreme Court Justice, from 1955 to 1967. The files are arranged alphabetically according to the name of the Appellant and the corresponding Appellee for each case. Box 14 also contains cases arranged according to 1st and 2nd District Court of Appeals.


Access or Use Restrictions

Access

Collection is open for research.


Related or Separated Material

Papers relating to O'Connell's term as President of the University of Florida (1968-1973) are part of the University Archives.


Administrative Information

Preferred Citation

[Identification of item], Stephen C. O'Connell Florida Supreme Court Papers, Special and Area Studies Collections, George A. Smathers Libraries, University of Florida, Gainesville, Florida.

Acquisition Information

Gift of Dr. Stephen C. O'Connell.


Contents List

O'Connell Papers


Box 1

Acme Moving vs. Mason. 1964
Adams, L. vs. Mayo. 1965
Advisory Opinions to the Governor. 1957
Advisory Opinions to the Governor. 1959
Advisory Opinions to the Governor. 1963
Advisory Opinions to the Governor. 1964
Advisory Opinions to the Governor. 1965
Alford, J. vs. Wainwright. 1963
Alford vs. Finch. Not dated
All State Pipe vs. McNair. 1956
Alston vs. Shiver. 1958
Amantini vs. Basso. 1958
Anderson vs. Mason. 1966
Anderson vs. Burhans. 1956
Anderson vs. Plastic Fabrications. 1961
Appolo Beach vs. Kelly. 1964
Archie Davis vs. Pugh. 1966
Arkin vs. Simpkins. 1957
Arnett vs. Chatlos. 1958
Arlt vs. Buchanan. 1966
Aron vs. Kirk's Lawn Service. 1966
Arons vs. Arons. 1958
Astor vs. Astor. 1960
Atlantic Coastline vs. Bell. 1956
Atlas Realty vs. Jones. 1964
Austin Ford vs. Cunningham. 1967
Ayala vs. Murrell. 1957
Baker vs. State of Florida. 1967
Baker vs. Morrison. 1956
Banks vs. Banks. 1957
Barrett vs. Pickard. 1956
Batchelor vs. Miami Retreat Foundation. 1956
Baxter vs. Freedman. 1956
Baxley vs. Wainwright. 1963
Beach Resort Hotel vs. Wieder. 1956

Box 2

Bell vs. Southern Bell Telephone and Telegraph Co. . 1963
Berggren vs. Zeuch. 1956
Bernardo vs. Duncan. 1963
Bess vs. 17548 Collins Avenue. 1957
Betz vs. Bank of Miami Beach. 1957
Birch vs. Shelby Mutual. 1967
Blackwood vs. Penwoven. 1962
Brown vs. Reed. 1962
County (Dade) Community vs. Alman. 1961
County (Dade) Community. 1963
Boring vs. Reynolds Aluminum. 1966
Boston Old Colony vs. Miami Fish and Lobster Co. 1962
Boyd vs. Cochran. 1960
Brockman vs. Cochran. 1961
Brooks vs. Ownes. 1957
Bruce vs. The State Exchange Bank. 1958
Brunson vs. Mellander . 1961
Bryant vs. Elberta . 1963
Burnham vs. Davis Islands. 1956
Byers vs. Cochran. 1962
Callahan vs. Board of Public Instruction. 1964
Callen vs. State. 1957
Cannon vs. Cannon. 1957
Callendar vs. State of Florida. 1965
Capeouto vs. Orkin . 1965
Carlton vs. Carlton. 1958
Carroll vs. Cochran. 1962
Ceco vs. Calhoun. 1966
Cerniglia vs. C and D Farms inc. 1967
Chase vs. Cowart. 1958
Chavis vs. Citizens Savings and Loans Association. 1957
Child vs. Wainwright. 1963
Cirack vs. State of Florida . 1967
City Gas vs. Peoples Gas Systems. 1965
City - Anna Maria vs. Miller. 1956
City - Auburndale vs. Adams. 1964
City - Lakeland vs. Catinella. 1961
City - Miami vs. Carter. 1958

Box 3

City - Miami vs. Kayfetz. 1957
City - Miami Beach vs. Scltiffman. 1962
City - Plantation vs. Mason. 1964
City - Tarpon Springs vs. State of Florida. 1955
Colten vs. State of Florida. 1960
Coldewey vs. Board of Public Instruction. 1966
Coleman vs. Coleman. 1966
Collier Co. vs. Rewis. 1957
Colson vs. State. 1956
Condrey vs. Condrey. 1957
Confederation of Canada vs. Arminan. 1962
Connor vs. State of Florida. 1958
Connolly Steakley. 1967
Continental Turpentine vs. Palmer. 1961
Conway vs. Sears. 1966
Cook vs. Leonard. 1962
Coryell vs. Swope. 1959
Cotten vs. Cotten. 1956
Cox vs. City of Miami Beach. 1957
Cox vs. State of Florida. 1961
Craig vs. Cochran. 1961
Creighton vs. Sears. 1966
Cribbs vs. Edwards. 1957
Crosby vs. TECO. 1962
Cullison vs. Dees. 1956
Curry U Drive vs. Ross. 1956
Dacus vs. Blackwell. 1956
Dade County vs. Saffan - Dissenting. 1962
Dade County vs. Pazienza. 1959
Dade County vs. Keller. 1965
Daniels vs. State of Florida. 1958
Davis vs. State of Florida. 1956
Davis vs. State of Florida. 1958
Dawson vs. State of Florida. 1961
Daytona vs. Wagner. 1956
Decespedes vs. Prudence Mutual Co. 1967
Delaney vs. State of Florida. 1966

Box 4

Dennis vs. Brown. 1957
Dickey vs. Circuit Court - Quincy County. 1967
Dickerman vs. Beverly Manufacturing Corp. 1966
Dicks vs. Colonial Finance Co. . 1956
Diecidue vs. State of Florida - Dissent. 1961
Dodd vs. The Florida Bar. 1963
Domestic Broadtail vs. Reinstien. 1957
Donaldson vs. Cochran. 1960
Dorsey vs. A. Contracting Co. 1963
Douglas vs. Cochran. 1963
Downing vs. Bird. 1957
Dozier vs. Johns Animal Clinic. 1959
Drexel vs. City of Miami Beach. 1957
Driggers vs. State of Florida. 1964
Durden tax cases . 1967
Dyalwood vs. Thomas. 1960
Economy packing vs. Luzi. 1956
Edwards vs. Edwards. 1958
Eelbeck va. Mayo. 1956
Eisinger vs. Tidwell. 1957
Elleman vs. Gulf Equipment. 1957
Ervin vs. Collins. 1956
Eusey vs. Hutchinson. 1957
Evans vs. Florida Industrial Commission. 1967
Everhart vs. Crowder. 1962
Farmer - Dissent. Not dated
Fernandez vs. Anheuser Busch. 1967
Fields vs. State of Florida. 1956
Fink vs. Powsner. 1959
Finlayson vs. Conner. 1964
Flight Equipment vs. Shelton. 1958
Florida Appellate rules. 1965
Florida Industrial Commission vs. Ciarlante. 1956

Box 5

Florida Bar - Integration. 1964
Florida Bar vs. Carlson. 1966
Florida Bar vs. Kinsey. 1967
Florida Bar vs. Koester. 1965
Florida Bar vs. Meyer. 1967
Florida Bar vs. Rolfs. 1965
Florida Bar vs. Rosenbaum. 1967
Florida Bar vs. Simon. 1964
Florida Bar vs. Smith. 1967
Florida Bar vs. Stubbs. 1967
Florida Bar vs. Swanton. 1965
Florida Bar vs. Swidler. 1965
Florida Bar vs. Town. 1965
Florida Bar vs. Turk. 1965
Florida Bar vs. Wilkes. 1967
Florida National - St. Pete vs. Greer. 1957
Florida Power and Light vs. Ahearn. 1960
Floyd vs. State of Florida. 1956
Floyd vs. Clark. 1965
Foster vs. Cleveland Trust. 1956
Fountain vs. Cochran. 1962
Fox vs. The Jefferson Co. . 1964
Frazier vs. State of Florida. 1958
Freeman vs. Adkinson. 1956
Frewer vs. City of Miami. 1965
Friendly Frost vs. Reiser. 1963
Gable vs. Miller. 1958
Gates vs. Roberts. 1956
Geiser vs. Permacrete. 1956
General Finance vs. Williams. 1963
Gentry vs. State of Florida. 1965
Giannini vs. Eubahks. 1966
Gilbert vs. Dorris R. Corp. 1960
Gilkerson vs. King. 1962
Goldstein vs. Gray . 1957
Goldstein vs. Sabella. 1964
Gorman vs. Cochran. 1961
Gordan vs. Walgreens Drug Store. 1963
Gray vs. Golden. 1960

Box 6

Gray vs. Bryant. 1956
Green vs. Green. 1956
Green vs. Putnam. 1957
Green vs. Rawls. 1959
Green vs. Reed Construction. 1960
Greene vs. Mackle Corp. 1962
Griffin vs. Garland. 1956
Griffin vs. Speidet. 1965
Grubstein vs. Urban . 1959
Gwin vs. Tallahassee. 1961
Gulf Fertilizer vs. Walden. 1964
Hancock vs. Piper - dissent. 1966
Hanna vs. Sunrise Recreation. 1957
Happney vs. Engine and Accessory. 1955
Harris vs. Bryan. 1956
Harris vs. State of Florida. 1957
Harris vs. Cochran. 1960
Hart va. Ellis. 1958
Hart Properties vs. Slack. 1963
Hawkins vs. William. 1967
Hill vs. State of Florida. 1961
Holl vs. Talcott. 1966
Home Development vs. Bursani. Not dated
Hough vs. Menses. 1957
Illinois Central vs. Simari. 1966
Iowa National vs. Webb. 1965
Jacksonville Coach vs. Love. 1957
Jaeckel vs. Stibbe. 1958
Jalbert vs. State of Florida. 1957
Jarrard vs. Associates Discount Corp. 1957
Jarvis vs. Miami Retired Foundation. 1961
Johnson Drub vs. Thaxton. 1960
Johnson vs. Cochran. 1962
Johnson vs. State. 1966

Box 7

Jones vs. Cochran. 1960
Jordan vs. Coral Gables. 1966
Kahler vs. State of Florida. 1956
Kass vs. Lewin. 1958
Kearney vs. Fort Pierce. 1964
Kelly vs. State of Florida - Affirmed. 1956
Kenegson vs. State of Florida. 1964
King vs. Gerard. 1959
Kinsey vs. Florida Bar. 1967
Kionka vs. Zeyder. 1960
Kippy vs. Colburn. 1965
Kirk vs. Publix. 1966
Kirkman vs. Owens, Ill. 1967
Kovens vs. Bluestone. 1962
Kovner vs. Wainwright. 1962
Krawetz vs. Cochran. 1961
Kreher vs. Kreher. 1963
Kuhle vs. Kirk. 1965
Kushner vs. Snetman. 1957
L and S Trucking vs. Florida RR. 1956
Lamont vs. State. 1958
Lesalle vs. State of Florida. 1967
Lear vs. Lear. 1957
Lee vs. Usher Pulpwood Co. . 1965
Lehman vs. Spencer. 1965
Lewis vs. Gramil Corp. 1957
Lieber - Estate of. 1958
Linderman vs. Kirkland's. 1961
Lindsey vs. Miami Shipbuilding Corp. 1967
Little River Bank vs. Neal. 1963
Logan vs. Hodges. 1958
Lopez vs. Lopey. 1956
Lopez vs. Lopey. 1957
Luke vs. City of St. Pete. 1958

Box 8

McAfee vs. Killingsworth. 1957
McArthur vs. Killingsworth. 1958
MacDon Lumber vs. Stevenson. 1959
McNulty vs. Hurley. 1957
McNulty vs. Atlantic Coast Line Railroad. 1967
Macina vs. Magurno. 1957
Maffitt vs. Henderson's. 1961
Manning vs. State of Florida. 1957
Mansell vs. Mulberry Construction. 1967
Mansfield vs. Acme Produce. 1956
Marion County vs. Gary. 1956
Martin vs. Rubino. 1956
Martin vs. Tindell. 1957
Martin vs. Wainwright. 1963
Martin Company vs. Carpenter. 1961
Maryland Casualty vs. Seminole Rock and Sand. 1965
Maule vs. Maule. 1956
Mayflower vs. Mindlin. 1956
Menniger vs. City of Miami Beach. 1957
Mese vs. Dade Tire Co. 1957
Meyer vs. Faust. 1955
Miami Beach vs. Edgerly. 1960
Miami Gardens vs. Conway. 1958
Miller vs. Davis - dissent. 1958
Miller vs. Greene. 1965
Milton vs. Cochran. 1962
Mindlin vs. Sharpe. 1955
Mobley vs. Jack and Son Plumbing. 1964
Modlin vs. City of Miami Beach. 1967
Montclair vs. Thompson. 1962
Montgomery Ward vs. Hayes. 1965
Morgan vs. State of Florida. 1966
Morgan Drive vs. Mason. 1965
Morse Auto vs. Kravitz. 1966
Murphy vs. Florida Real Estate Commission. 1959
Murphy vs. Gibbs. 1961
Musleh vs. Marion County. 1967

Box 9

Myers vs. Board of Public Assistance. 1964
National Fire Insurance vs. Lilly. 1957
National Ratings vs. Florida Power. 1957
Nelson vs. Carter. 1956
Nichols vs. State of Florida. 1965
Oolite vs. Bolon. 1962
Onett vs. Carver. 1961
Orlowitz vs. Orlowitz. 1967
Overstreet vs. Cooper. 1961
Palm Beach vs. Greene. 1965
Pan American Security vs. US Manufacturing Co. 1958
Parrish vs. Cochran . 1963
Parrott vs. City of Ft. Lauderdale. 1966
Patrick vs. Cochran. 1961
Pearson vs. Sterchi. 1966
Pederson vs. Greene. 1958
Pempey vs. Baynard. 1966
Pendarvis vs. State. 1957
Peoples Gas vs. Maso. 1966
Petitt vs. Walker. 1965
Pflegal vs. State of Florida. 1957
Philips vs. Gerlach. 1956
Piccott vs. State of Florida. 1959
Ploff vs. Mason. 1966
Pollack vs. Stern. 1964
Porter vs. State of Florida. 1956
Porter vs. State of Florida. 1963
Principe vs. Mt. Sinai Hospital. 1963
Professional Insurance vs. Cahill. 1956
Punta Gorda vs. Greene Manor. 1964
Rabin vs. Conner. 1965
Raggen vs. Cochran. 1960
Ramsey vs. Lovett. 1956
Rasadale vs. Southern. 1964
Ray Hof vs. Petersen. 1960
Redwing vs. Mason. 1966
Resch . 1957
Rhodes vs. Knowles. 1957
Rich vs. Atlantic Coast. 1966
Roberts vs. Spencer. 1965
Robinson vs. State. 1959
Robles vs. State of Florida. 1966
Rollins vs. State of Florida. 1967
Rood vs. Board of Public Instruction . 1958

Box 10

Rosenthal vs. Scott. 1961
Russ vs. State of Florida. 1959
S and J vs. King. 1965
Saf-T-Clean vs. Martin-Marietta Co. . 1967
Schon vs. Weiss. 1957
Screen Art vs. Quinn. 1967
Seaboard Airline vs. Williams. 1967
Seaboard Finance vs. McCollough. 1957
Searfoss vs. Seafross. 1958
Seeba vs. Bowden. 1956
Selinsky vs. Selinsky. 1957
Seminole Products vs. Town of Medley. 1965
Sesac vs. Greene. 1966
Shaffron vs. Holness. 1957
Shaw vs. Cochran. 1962
Shayne vs. Villanueva. 1958
Shelby vs. Russell. 1962
Shell vs. St. Road Department. Not dated
Sherbill vs. Miller. 1956
Sherman vs. Peoples Water and Gas. Not dated
Simmons vs. Stanley. 1967
Singer vs. State. 1958
Sipos vs. State of Florida. 1956
Sisco vs. Rotenberg. 1958
6345 Collins Avenue vs. Fein. 1957
Smith vs. State. 1964
Smitty's Coffee vs. Florida Industrial Commission. 1956
Smoak vs. State of Florida. 1956
Snedker vs. Vernmar. 1962
South Broward Hospital vs. Schmitt. 1966
South Coast Construction vs. Chizauskas. 1965
South Florida Freight vs. Florida Railroad. Not dated

Box 11

Southern Armored Services vs. Mason. 1964
Southern Attractions vs. Grau. 1956
Southern Bell vs. Bell. 1959
Southern Bell vs. Bell. 1964
Southern Bell vs. Town of Surfside. 1966
Southern Gulf vs. Mason. 1964
State vs. Bruno. 1958
State vs. Chein. 1957
State vs. Coles. 1956
State vs. Daytona Beach. 1956
State vs. Escambia. 1959
State vs. Florida Development Comm. 1956
State vs. Florida Turnpike Authority. 1956
State vs. Harriss. 1961
State vs. Hines. 1967
State vs. Houghtaling. 1965
State vs. Leone. 1960
State vs. Schroeder. 1958
State vs. Sheiner. 1959
State vs. Suwannee County. 1960
State vs. Tampa. 1959
State vs. West Palm Beach. 1967
State vs. Williams. 1967
State ex rel Ashman. 1962
State ex rel Assoc. Outdoor Clubs. 1967
State ex rel Dedmon. 1963
State ex rel Flink. 1957
State ex rel Florida Bar / Auvil. 1960

Box 12

State ex rel Florida Bar / Blaker. 1958
State ex rel Florida Bar / Davis. 1964
State ex rel Florida Bar / Dunham. 1961
State ex rel Florida Bar / Earle. 1958
State ex rel Florida Bar / Hogsten. 1961
State ex rel Florida Bar / Kimball. 1957
State ex rel Florida Bar / Langford. 1961
State ex rel Florida Bar / Meyers. 1961
State ex rel Florida Bar / Nichols. 1962
State ex rel Florida Bar / Sperry. 1962
State ex rel Gainescast. 1964
State ex rel Jacksonville Coach. 1958
State ex rel Jaytex. 1959
State ex rel Maule. 1956
State ex rel Matthews. 1959
State ex rel Nobles. 1961
State ex rel North Palm Beach. 1959
State ex rel Savoie. 1956
State ex rel Utilities Operating Co. 1965
State Road Department vs. Chicone. 1963
Steinbach vs. Simon. 1958
Stephesus vs. Winn-Dixie. 1967
Sterling vs. May. 1962
Strickland vs. Landers. 1963
Strickland vs. Leon County. 1963
Sultan vs. Sultan. 1956
Sultan. 1963
Surber vs. Wain Wright. 1965
Sutton vs. Ryder. 1965
Talbott . 1962
Tamiami Trail vs. King. 1966
Taylor vs. State Treasurer's Office. 1960
Terheun vs. Good Luck Homes. 1964
Thomas vs. State. 1956
300 East Flagler vs. Model Land Company. 1962
Tolbert vs. Truly Nolen. 1964
Town of Medley vs. State of Florida. 1965
Town - Miami Springs vs. Marshall. 1961

Box 13

Tracey vs. State. 1956
Treister vs. Pacetty. 1965
Trepanier vs. State of Florida. 1962
Trieste vs. Anchell. 1958
Tucker vs. Abernathy. 1956
Turner vs. Power Break. 1962
Twisdale vs. Womack. 1962
Tyndall vs. Cochran. 1961
Tyus vs. Apalachicola. 1961
Unit Wall vs. Speh. 1961
United Electric vs. Myers. 1967
United Sand vs. Munson. 1958
U.S. Gypsum vs. Green. 1956
Urga vs. State of Florida. 1962
Utilities Operating Co. vs. King. 1956
Van Meter vs. Kelsey. 1967
Vargo vs. Carter. 1961
Vellucci vs. Cochran. 1966
Village - North Palm Beach vs. Mason. 1956
Virginia Surety vs. Russ. 1966
Visingardi vs. Tirone. 1962
Waite vs. City of Miami Beach. 1956
Warshaw vs. Clark. 1967
Washington Avenue vs. Moldin. 1957
Watson vs. State of Florida. 1957

Box 14

Weber vs. Porco. 1959
Welch vs. Florida Bar. 1956
Wells vs. Thomas. 1963
Wesley's Inc. vs. Metropolitan Insurance. 1962
West vs. Sampson. 1958
West Shore vs. Turk. 1963
Westinghouse vs. Florida Industrial Commission. 1956
White vs. Fletcher. 1958
Whitehall vs. Manufacturers Trust Company. 1965
Williams vs. Williams. 1965
Williams and Barker vs. City of Crest View, Florida. 1961
Willis vs. State of Florida. 1963
Winn Dixie vs. Florida Industrial Commission. 1956
Wright vs. State of Florida. 1956
Yoder vs. American Aluminum Products. 1961
York vs. Cochran. 1956
Youngblood vs. Taylor. 1957
1st District Court of Appeals - Bailey vs. Toole. 1958
1st District Court of Appeals - Hatcher vs. Hearn. 1957
1st District Court of Appeals - Hubbard vs. State of Florida. 1959
1st District Court of Appeals - Mitchell vs. Brown. 1958
1st District Court of Appeals - Okaloosa County Gas vs. Enzor. 1959
2nd District Court of Appeals - American Mortgage vs. Lord. 1959
2nd District Court of Appeals - Buckalew vs. Lord. 1959
2nd District Court of Appeals - Christiami vs. Lord. 1959
2nd District Court of Appeals - Ellison vs. State. 1959
2nd District Court of Appeals - Fleming vs. State. 1959
2nd District Court of Appeals - Gates vs. State. 1959
2nd District Court of Appeals - Hill vs. State. 1959
2nd District Court of Appeals - Malcolm vs. Smith. 1959
2nd District Court of Appeals - Wheless vs. Webb City, Inc. Not dated



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