JERRY'S, INC., PETITIONER,
v.
MARRIOTT CORPORATION, RESPONDENT

Fla. | 1981-07-30
No. 59379
BOYD, ALDERMAN and McDONALD, JJ., concur., ENGLAND, J., concurs specially with an opinion., SUNDBERG, C. J., dissents with an opinion with which ADKINS, J., concurs., OVERTON, J., dissents.
401 So. 2d 1335 Florida Supreme Court (1981) Negative Treatment
Cited by 6 cases
Topics
Discretionary Jurisdiction Reweighing Evidence

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Opinion of the Court

On December 8, 1980, this Court entered its Order accepting jurisdiction and setting oral argument. We have now determined that the Court is without jurisdiction and, therefore, the Petition for Review is denied.

No Motion for Rehearing will be entertained by the Court.

BOYD, ALDERMAN and McDONALD, JJ., concur. ENGLAND, J., concurs specially with an opinion.

SUNDBERG, C. J., dissents with an opinion with which ADKINS, J., concurs.

OVERTON, J., dissents.

Concurrence
ENGLAND, Justice,

ENGLAND, Justice,

concurring specially.

I find no basis for the exercise of our discretionary jurisdiction here. Asserting decisional conflict with Shaw v. Shaw, 334 So. 2d 13 (Fla.1976), and Westerman v. Shell’s City, Inc., 265 So. 2d 43 (Fla.1972), is, I believe, unsound after April 1, 1980.

Nowhere in the district court’s decision is the legal principle expressed that district courts can reweigh evidence which has been presented to the trial court. Petitioner suggests, and apparently some of my colleagues agree, that the issue of reweighing “inheres” in the district court’s decision. My understanding of the 1980 constitutional change in our jurisdiction, however, is that decisional conflicts must be “express” and not inherent.* I regret that some on the Court would turn back the clock to the days when our members selectively disagreed with the district courts, the very problem which prompted constitutional change in 1980.

*

England, Hunter & Williams, Constitutional Jurisdiction of the Supreme Court of Florida: 1980 Reform, 32 U.Fla.L.Rev. 147 (1980).

Dissent
SUNDBERG, Chief Justice,

SUNDBERG, Chief Justice,

dissenting.

Because I believe the District Court of Appeal impermissibly reweighed the evidence before the trial court to reach a contrary result, this case is in conflict with Shaw v. Shaw, 334 So. 2d 13 (Fla.1976) and Westerman v. Shell’s City, Inc., 265 So. 2d 43 (Fla.1972). Hence, there is jurisdiction in this Court and I must respectfully dissent.

ADKINS, J., concurs.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Waddy v. State, 661 So. 2d 351 (Fla. 1st DCA 1995)
    …d in denying her motion to dismiss on grounds of double jeopardy. We find that petitioner’s arguments are not well taken. Similar arguments have been rejected where the defendant was previously convicted of strong-armed robbery, State v. Kirkland, 401 So. 2d 1335 (Fla.1981), and robbery, Southworth v. State, 98 Fla. 1184, 125 So. 345 (1929). See also State ex rel. Branch v. Wade, 357 So. 2d 473 (Fla. 1st DCA 1978) (state nolle prossed attempted murder charge at time of victim’s death and indictment for first…
  • State v. Kirkland, 403 So. 2d 588 (Fla. 3d DCA 1981)
    …ming the judgment and sentence of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 30, 1981, 401 So. 2d 1335, and mandate now lodged in this court, quashed this court’s judgment. NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on July 16, 1980 is withdrawn the judgment of this court filed in this cause on June…
  • State v. McCRAY, 474 So. 2d 856 (Fla. 3d DCA 1985)
    …endant was convicted and sentenced for strong-armed robbery on a guilty plea after the victim had died from injuries suffered in the course of the offense, the double jeopardy prohibition barred a new prosecution for homicide. Cf. State v. Kirkland, 401 So. 2d 1335 (Fla.1981); Southworth v. State, 98 Fla. 1184, 125 So. 345 (1929) (double jeopardy prohibition not a bar to new prosecution for murder where defendant is convicted of strong-armed robbery prior to death of robbery victim). The trial court’s finding,…

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