RONALD DEAN, PETITIONER,
v.
PUBLIX SUPERMARKETS, INC., ETC., RESPONDENT

Fla. | 1983-08-25
No. 62437
ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDonald and SHAW, JJ., concur.
438 So. 2d 1 Florida Supreme Court (1983) Negative Treatment
Cited by 562 cases

Opinion of the Court
EHRLICH, Judge.

EHRLICH, Judge.

We accepted jurisdiction of this cause pursuant to article V, section 3(b)(3) of the Florida Constitution based on direct and express conflict between the opinion of the Third District Court of Appeal, Publix Supermarkets, Inc. v. Dean, 416 So. 2d 12 (Fla. 3d DCA 1982), and that of the First District Court of Appeal in Piezo Technology and Professional Administrators, Inc. v. Smith, 413 So. 2d 121 (Fla. 1st DCA 1982), approved, 427 So. 2d 182 (Fla.1983). Because our holding approving the First District Court of Appeal controls this cause, we quash the decision of the Third District and remand for further proceedings consistent with our opinion in Piezo Technology.

It is so ordered.

ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDonald and SHAW, JJ., concur.


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  • Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
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  • State v. Callaway, 658 So. 2d 983 (Fla. 1995)
    …than that expressed in Witt for determining whether a change of law should be applied retroactively to provide postconviction relief. In Bass, we found that it would be “manifestly unfair” not to retroactively apply the decision in Palmer v. State, 438 So. 2d 1 (Fla.1983) (finding that the imposition of consecutive minimum mandatory sentences was not authorized by statute). The Bass opinion, however, did not address the principles of Witt, and this caused some confusion among the courts regarding the prope…
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