Lester v. City of St. Petersburg

Supreme Court of Florida
Lester v. City of St. Petersburg, 190 So. 2d 307 (Fla. 1966)
1966 Fla. LEXIS 3289
Caldwell, Connell, Drew, Ervin, Roberts, Thomas, Thornal

Lester v. City of St. Petersburg

Opinion of the Court

PER CURIAM.

This matter is before this Court upon a petition for writ of certiorari and a notice of interlocutory appeal both directed to a decision of the District Court of Appeal, Second District, filed January 26, 1966 (183 So.2d 589). The Court has this day entered its order denying the petition for certiorari and, in connection with the consideration of the jurisdictional power of this Court to entertain said writ of cer-tiorari, it has re-examined the record in the interlocutory appeal and has sua sponte reconsidered its order of May 2nd, 1966 denying the motion of appellee City of St. Petersburg to dismiss the appeal .and, upon such reconsideration, finds that this Court is without jurisdiction to entertain the interlocutory appeal herein under Section 4(2), Article V of the Florida Constitution, F.S.A. Thereupon, it is

Ordered that said appeal be and the same is hereby dismissed.

THORNAL, C. J., and THOMAS, DREW, O’CONNELL, CALDWELL and ERVIN, JJ., concur. ROBERTS, J., concurring specially.

Concurring Opinion

ROBERTS, Justice

(concurring specially) :

In my opinion the cause is reviewable by conflict certiorari. I agree this Court is without jurisdiction to review by appeal.

Reference

Full Case Name
William H. LESTER, Jr. v. CITY OF ST. PETERSBURG, a municipal corporation
Cited By
6 cases
Status
Published