Florida District Courts of Appeal, 1962

Standard Oil Co. v. Carros

Standard Oil Co. v. Carros
Florida District Courts of Appeal · Decided January 4, 1962 · Carroll, Donald, Sturgis, Wigginton
138 So. 2d 76 (Southern Reporter, Second Series)

Standard Oil Co. v. Carros

Opinion of the Court

PER CURIAM.

Affirmed.

CARROLL, DONALD K., Chief Judge, and STURGIS and WIGGINTON, JJ., concur.

On Petition for Rehearing

Dissenting Opinion

STURGIS, Judge

^dissenting).

Pursuant to the holding of the majority, an order has been entered herein denying defendant-appellants’ petition for rehearing.

Having considered said petition for rehearing and further reviewed the record on appeal, I have concluded that the only negligence with which the appellant corporation, defendant below, is properly though not legally chargeable is its failure to change its corporate name to something less enticing than the one in suit. It is my reconsidered opinion that the natural party defendant is no less bereft of actionable negligence. Feeling that we erred in rendering the judgment of affirmance, I would grant the petition for rehearing, recede from said judgment, reverse the judgment appealed, and direct the trial court to enter judgment for defendant N.O.V.

I therefore dissent from the order of the majority denying appellants’ petition for rehearing.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.