Supreme Court of Florida, 1984

Department of Corrections v. Newsome

Department of Corrections v. Newsome
Supreme Court of Florida · Decided November 8, 1984 · Adkins, Alderman, Boyd, Ehrlich, McDonald, Overton, Shaw
459 So. 2d 314; 9 Fla. L. Weekly 478; 1984 Fla. LEXIS 3665 (Southern Reporter, Second Series)

Department of Corrections v. Newsome

Opinion of the Court

PER CURIAM.

We originally accepted jurisdiction in this cause, reported below as Newsome v. Department of Corrections, 435 So.2d 887 (Fla. 1st DCA 1983), on the basis of conflict with Mastrandrea v. J. Mann, Inc., 128 So.2d 146 (Fla.3d DCA), cert. denied, 133 So.2d 320 (Fla. 1961). After hearing oral argument, however, we find that there is no express and direct conflict and, consequently, there is no basis for this Court to accept jurisdiction in this cause. The petition for review is denied.

It is so ordered.

OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur. BOYD, C.J., and ADKINS, J., dissent.

NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT. SEE FLA.R.APP.P. 9.330(d).

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