Supreme Court of Florida, 1967

Barnard ex rel. Barnard v. Crews

Supreme Court of Florida · Decided November 15, 1967 · Caldwell, Drew, Ervin, Joseph, Thornal, White

204 So. 2d 193 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Graham v. Azar (Fla. 1967)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.

It is so ordered.

CALDWELL, C. J., and DREW and THORNAL, JJ., concur. WHITE, Circuit Judge (Retired), concurs specially with Opinion. ERVIN, J., concurs with WHITE, Circuit Judge (Retired).

Concurring Opinion

WHITE, JOSEPH S., Circuit Judge, Retired

(concurring specially).

I disagree with the statement of the District Court of Appeal regarding the application of the “Last Clear Chance” doctrine, Barnard v. Crews, Fla.App.1967, 194 So.2d 44, however, I can find nothing in the record indicating that petitioner, plaintiff in the trial court, presented instructions upon the subject to the trial judge, and, in addition, only a portion of the testimony taken during the trial has been brought here, making it impossible to determine whether or not the doctrine was applicable.

ERVIN, J., concurs.

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