Supreme Court of Florida, 1965

Signer v. Odell

Signer v. Odell
Supreme Court of Florida · Decided June 9, 1965 · Barns, Caldwell, Drew, Ervin, Thornal
176 So. 2d 94; 1965 Fla. LEXIS 3187 (Southern Reporter, Second Series)

Signer v. Odell

Opinion of the Court

PER CURIAM.

Initial inspection suggested that the decision under review, Odell et al. v. Signer et al., 169 So.2d 851, was prima facie in •conflict with prior decisions of this Court and another District Court. We granted •certiorari to hear arguments on both juris- • diction and merits

After oral arguments and a careful further study of the record and briefs we have •decided that no jurisdictional conflict of •decisions is present. We therefore conclude 'that the writ was improvidently issued and :it must be discharged.

It is so ordered.

THORNAL, CALDWELL, ERVIN and BARNS (Retired), JJ., concur. DREW, C. J., dissents with opinion.

Dissenting Opinion

DREW, Chief Justice

(dissenting).

I think we have jurisdiction and that the decision of the District Court is erroneous.

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