ATLAS REALTY CORPORATION, A FLORIDA CORPORATION, PETITIONER,
v.
ROY C. JONES, RESPONDENT
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The Florida Supreme Court discharged a writ of certiorari, finding that the District Court of Appeal's decision did not conflict with prior rulings of the Supreme Court, thus resolving the jurisdictional question.
No, the District Court of Appeal's decision did not conflict with prior decisions of the Florida Supreme Court.
“Inasmuch as a jurisdictional conflict of decisions appeared questionable, we set the matter for hearing upon both jurisdiction and merits.”
This quote explains the initial reason for the Supreme Court's engagement with the case, highlighting the doubt about the existence of a jurisdictional conflict.
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Join FLexlaw to unlock all legal intelligenceAtlas Realty Corporation petitioned for a writ of certiorari, alleging that the District Court of Appeal's decision conflicted with prior Florida Supr…
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Pursuant to the prayer of a petition for certiorari because of an alleged conflict between the instant decision of the District Court of Appeal, Second District, and prior decisions of this Court, we issued the writ. Inasmuch as a jurisdictional conflict of decisions appeared questionable, we set the matter for hearing upon both jurisdiction and merits. Having heard oral arguments and upon further careful study of the record and briefs, we are now convinced that the District Court followed the prior decisions of this Court and did not render a decision in conflict therewith. In consequence of this view the writ of certiorari heretofore issued, is hereby discharged, Fla.App., 154 So.2d 905.
It is so ordered.
DREW, C. J., and THOMAS, O’CON^ NELL, CALDWELL and HOBSON (Ret.), JJ., concur.
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Citator
Cited By
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Chastain v. Carroll, 307 So. 2d 491 (Fla. 2d DCA 1975)…e for appellee’s commission when they alone did not have the capacity to convey the title to the realty m issue. The appellants contend that the law enunciated in Jones v. Atlas Realty Corp., Fla.App.2nd, 1963, 154 So. 2d 905, cert. discharged Fla., 162 So. 2d 261, is controlling. After careful reading of the cited case we are unable to agree, and point out that the offer made in Jones, supra, was made to Jones and his wife jointly and is an entirely different factual situation than is now before us. Clearly,…
Authorities Cited
- Jones v. Atlas Realty Corp., 154 So. 2d 905 (Fla. 2d DCA 1963)