LILLIAN SADOWSKY AND SIDNEY SADOWSKY, PETITIONERS,
v.
BENJAMIN LEVINE AND ANNA LEVINE, RESPONDENTS
The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter we have determined that the petition is without merit. Therefore, the writ must be and is hereby discharged, 135 So.2d 776.
It is so ordered.
TERRELL, Acting C. J., THOMAS, CALDWELL, HOBSON (Ret.), JJ., and SMITH, Circuit Judge, concur.
DREW and O’CONNELL, JJ., dissent.
(dissenting).
I would grant certiorari and quash the decision of the district court for the reasons stated in the dissenting opinion of Judge PEARSON, TILLMAN.
O’CONNELL, J., concurs.
DREW, Justice
(dissenting).
I would grant certiorari and quash the decision of the district court for the reasons stated in the dissenting opinion of Judge PEARSON, TILLMAN.
O’CONNELL, J., concurs.
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Citator
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Trevino O. Haynes v. L.F. Lloyd, 533 So. 2d 944 (Fla. 5th DCA 1988)…d 25 at 42. See also W. Prosser & W. Keeton, The Law of Torts § 61 p. 426 (5th Ed.1984); 5 F. Harper, F. James & O. Gray, The Law of Torts § 27.12 p. 238 n. 61 (2d Ed.1986). In Sadowsky v. Levine, 135 So. 2d 776 (Fla. 3d DCA 1962), cert, discharged, 151 So. 2d 2 (Fla.1963), it was stated: Without any specific charge of knowledge upon the appellee-defendants and travelling upon the imputed knowledge by virtue of the existence of the dangerous condition, there must be some facts alleged to establish the peri…
Authorities Cited
- Sadowsky v. Levine, 135 So. 2d 776 (Fla. 3d DCA 1961)