BILLIE EARL HETHCOAT, AS ADMINISTRATRIX OF THE ESTATE OF WILLIAM RANDOLPH EATMAN, JR., DECEASED, PETITIONER,
v.
CHEVRON OIL COMPANY, HY-WAY HEAT SYSTEMS, INC., AND V. E. WHITEHURST & SONS, INC., RESPONDENTS

Fla. | 1980-02-28
No. 56018
ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG and ALDERMAN, JJ., concur.
380 So. 2d 1035 Florida Supreme Court (1980) Negative Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We vacate our prior opinion filed November 8, 1979. This is a petition for certiorari to review the decision of the district court, reported at 364 So. 2d 1243 (Fla. 1st DCA 1978). We find conflict with our recent decision in Auburn Machine Works Co. v. Jones, 366 So. 2d 1167 (Fla.1979), and quash the decision of the district court and remand for reconsideration only as to respondent Hy-Way Heat Systems, Inc. As to respondents Chevron Oil Company and V. E. Whitehurst & Sons, Inc., we approve the decision of the district court and deny certiorari.

It is so ordered.

ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG and ALDERMAN, JJ., concur.


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  • Padilla v. Gulf Power Co., 401 So. 2d 1375 (Fla. 1st DCA 1981)
    …ft may have been less a causative factor than the negligence of the operator is inconsequential for summary judgment purposes. Compare Hethcoat v. Chevron Oil Co., 364 So. 2d 1243, 1245 (Fla. 1st DCA 1978) (concurring and dissenting opinion), rev’d, 380 So. 2d 1035 (Fla.1980), on remand, 383 So. 2d 931 (Fla. 1st DCA 1980).…
  • Hethcoat v. Chevron OIL Co., 383 So. 2d 931 (Fla. 1st DCA 1980)
    …ehearing the Supreme Court of Florida quashed the decision of this Court in Hethcoat v. Chevron Oil Co., 364 So. 2d 1243 (Fla. 1st DCA 1978), and remanded for consideration only as to ap-pellee, Hy-Way Heat Systems, Inc. Hethcoat v. Chevron Oil Co., 380 So. 2d 1035 (Fla.1980). The decision of this Court as to appellees Chevron Oil Company and V. E. Whitehurst & Sons, Inc., was approved. Upon reconsideration of our decision with respect to appellee Hy-Way Heat Systems, Inc., in light of the Supreme Court’s dec…
  • State v. Reitano, 398 So. 2d 509 (Fla. 4th DCA 1981)
    …to the unconstitutionality of one of the statutes involved and the information was dismissed. The dismissal was appealed directly to the Supreme Court by the State and the trial judge’s ruling was reversed and the cause remanded. See State v. Allen, 380 So. 2d 1035 (Fla.1980). The foregoing factual recitation also provided the scenario for the instant appeal inasmuch as the State, pursuant to the for [*510] mer appeal, secured an extension of speedy trial time in order to apply for relief in the Supreme Court…

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