UNITED METAL & STEEL CORP., A FLORIDA CORPORATION, ET AL., APPELLANTS,
v.
JONES BOAT YARD, INC., A FLORIDA CORPORATION, ET AL., APPELLEES

Fla. 3d DCA | 1961-04-20
No. 60-636
HORTON, C. J., CARROLL, CHAS., J., and LOPEZ, AQUILINO, Jr., Associate Judge, concur.
128 So. 2d 892 Florida District Court of Appeal, Third District (1961) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Barfield Instrument Corporation v. Sea View Industries, Fla.App.1958, 102 So.2d 740; A & P Food Stores, Inc. v. Kornstein, Fla.App.1960, 121 So.2d 701. See, also, Page v. Niagra Chemical Division of Food Machinery & Chemical Corp., Fla.1953, 68 So.2d 382; Beckman v. Marshall, Fla.1956, 85 So.2d 552.

HORTON, C. J., CARROLL, CHAS., J., and LOPEZ, AQUILINO, Jr., Associate Judge, concur.


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  • …ceedings initiated to prohibit an agency of the state from exercising its lawfully delegated judicial powers, where the circuit court „ does not have appellate jurisdiction over such agency. Accord: State ex rel. Randall v. Heffernan, Fla.App. 1961, 128 So. 2d 892. Article V, § 5(3), Constitution of Florida, provides that “The district courts of appeal shall have such powers of direct review of administrative action as may be provided by law.” Pursuant to the quoted provision, the Legislature has conferred u…
  • Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980)
    …annot be waived. Florida Rule of Civil Procedure 1.140; see Seaboard Air Line Co. v. Gay, 68 So. 2d 591, 592 (Fla.1953); Corbett v. McDonald, 206 So. 2d 407 (Fla.4th DCA 1968); State v. Anderson, 164 So. 2d 265 (Fla.2d DCA 1964); State v. Heffernan, 128 So. 2d 892 (Fla.3d DCA 1961). We have not overlooked the Florida case of State ex. rel. Wainwright v. Holley, supra, which suggests by way of dicta that Section 79.09 is only a venue statute. However, the issue in that case was not venue versus jurisdiction a…
  • Amos W. Corbett v. Parker Lee McDONALD, 206 So. 2d 407 (Fla. 4th DCA 1968)
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