JACK GOLDTRAP, D/B/A JACK'S FRUIT COMPANY, NOT INCORPORATED, PLAINTIFF-APPELLEE,
v.
DOYLE CONNER, COMMISSIONER OF AGRICULTURE OF THE STATE OF FLORIDA, ET AL., DEFENDANTS-THIRD PARTY PLAINTIFFS APPELLANTS, V. GROWERS MARKETING SERVICE, INC., THIRD PARTY DEFENDANT
JACK GOLDTRAP, D/B/A JACK'S FRUIT COMPANY, NOT INCORPORATED, PLAINTIFF-APPELLEE,
DOYLE CONNER, COMMISSIONER OF AGRICULTURE OF THE STATE OF FLORIDA, ET AL., DEFENDANTS-THIRD PARTY PLAINTIFFS APPELLANTS, V. GROWERS MARKETING SERVICE, INC., THIRD PARTY DEFENDANT
529 F.2d 1297
Court of Appeals for the Fifth Circuit (1976)
Opinion of the Court
PER CURIAM:
This case, which has been much litigated in the Florida Courts, Growers Marketing Service, Inc. v. Conner, Fla.Dist.Ct.App., 1971, 249 So. 2d 486; Jack’s Fruit Co. v. Growers Marketing Service, Inc., Fla., 1972, 261 So. 2d 171, makes its second appearance in this Court, Jack’s Fruit Company v. Growers Marketing Service, Inc., 5 Cir., 1973, 488 F. 2d 493. The arguments conclusively show that the District Court had no jurisdiction in this case and accordingly the judgment entered is vacated and the case remand ed to the District Court with direction to dismiss for want of jurisdiction.1
VACATED and REMANDED with directions to dismiss.
. With this decision falls the supersedeas bond given by the appellant as well as any other liabilities imposed by the decree now vacated.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Growers Mktg. Serv., Inc. v. Doyle Conner, 249 So. 2d 486 (Fla. 2d DCA 1971)
- Jack's Fruit Co. v. Growers Mktg. Serv., Inc., 261 So. 2d 171 (Fla. 1972)
- Jack's Fruit Co. v. Growers Mktg. Serv., Inc., 488 F.2d 493 (5th Cir. 1973)