IRMA KAUFMAN AND HER HUSBAND, HARRY KAUFMAN, PETITIONERS.
v.
SWEET ET AL., CORPORATION, A FLORIDA CORPORATION, RESPONDENT; IRMA KAUFMAN AND HER HUSBAND, HARRY KAUFMAN, PETITIONERS-CROSS-RESPONDENTS, V. SWEET ET AL. CORPORATION, A FLORIDA CORPORATION, RESPONDENT-CROSS-PETITIONER
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On the petition of Kaufman and the cross netition of Sweet, we granted certiorari to review the decision of the District Court of Appeal, Third District, because of an apparent conflict with prior decisions of this Court. After oral argument on jurisdiction and merits, and upon further consideration of the record and briefs, we have concluded that the writ was improvidently issued for the reason that a jurisdictional conflict of decisions is not present.
The writ of certiorari heretofore issued is hereby discharged. See Nielsen v. City of Sarasota, Fla.App., 117 So.2d 731, discussion under headnote 6, Page 734.
It is so ordered.
DREW, C. J., ROBERTS, THOR-NAL and O’CONNELL, JJ., and JONES Circuit Judge, concur.
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Shelby Mut. Ins. Co. OF Shelby v. Tillman Pearson, 236 So. 2d 1 (Fla. 1970)…Lee v. Elliott, 155 So. 2d 169 (3rd Dist.Ct.App.Fla.1963); and State ex rel. Huntley Bros., Inc. v. Gooding, 149 So. 2d 55 (1st Dist.Ct.App.Fla. 1963). See also Kaufman v. Sweet et al. Corp., 144 So. 2d 515 (3rd Dist.Ct.App.Fla.1962), cert. denied, 156 So. 2d 846 (Fla.1963) ; and Cortina v. Cortina, 98 So. 2d 334 (Fla.1957). . 139 So. 2d 873 (Fla.1962). . 177 So. 2d 193 (Fla.1965). . Kippy Corp. v. Colburn, 177 So. 2d 193, 199 (Fla.1965). . Fla.App.R. 3.13, subd. b.: “Voluntary Dismissal of Causes. The m…
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Frazier v. Seaboard Sys. R.R., Inc., 508 So. 2d 345 (Fla. 1987)…rial court may grant one and alternatively grant the other on the express condition that the latter only becomes effective if the former is reversed on appeal. Kaufman v. Sweet Et Al Corp., 144 So. 2d 515 (Fla. 3d DCA [*347] 1962), cert. discharged, 156 So. 2d 846 (Fla.1963). Indeed, one of the primary reasons for allowing alternative motions for new trial and J.N.O.V. is to promote judicial economy by consolidating the two issues on appeal. As the Third District has noted, [T]he trial judge, whatever his ru…
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Landry v. Sterling Apts., Inc., 231 So. 2d 225 (Fla. 4th DCA 1969)…conflicts in the evidence in favor of the party moved against. All inferences from the evidence favorable to the party moved against should be accepted, Kaufman v. Sweet et al. Corporation, Fla.App.1962, 144 So. 2d 515, 517 (cert. disch., Fla.1963, 156 So. 2d 846), and the factual basis for granting the motion must be established as a manner of law. The basis of the trial court’s ruling was a finding that the plaintiff was contrib-utorily negligent as a manner of law. The propriety of this conclusion is the…
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- Dade Cnty. Port Auth. & Bituminous Cas. Corp. v. Keller, 117 So. 2d 731 (Fla. 1960)
- Nielsen v. City OF Sarasota, 117 So. 2d 731 (Fla. 1960)