MARGARET A. BREW, PETITIONER,
v.
MARY D. COBB, RESPONDENT

Fla. | 1964-05-15
No. 33050
DREW, C. J., and THORNAL, O’CON-NELL and CALDWELL, JJ., concur., THOMAS, ROBERTS and ERVIN, JJ., dissent.
162 So. 2d 518 Florida Supreme Court (1964)

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Synopsis

The Florida Supreme Court granted a rehearing on a prior order that quashed a petition for certiorari, but ultimately discharged the writ and dismissed the petition, finding it without merit after further consideration. The court's initial order was vacated.


Holding

No, the petition for writ of certiorari is without merit.


Key Quotes

“the Order of this Court dated March 17, 1964, quashing the petition for certiorari filed herein seeking a review of the decision of the District Court of Appeal, First District of Florida, in Cobb v. Brew, 155 So. 2d 814, is hereby granted, the Order of this Court of March 17, 1964, above referred to is hereby vacated, set aside and held for naught.”

This quote establishes that the court granted the rehearing and vacated its previous order.

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Facts & Procedural History

Petitioner sought a writ of certiorari to review a decision by the District Court of Appeal. The Florida Supreme Court initially quashed the petition …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for rehearing herein directed to the Order of this Court dated March 17, 1964, quashing the petition for certio-rari filed herein seeking a review of the decision of the District Court of Appeal, First District of Florida, in Cobb v. Brew, 155 So.2d 814, is hereby granted, the Order of this Court of March 17, 1964, above re*519ferred to is hereby vacated, set aside and held for naught.

The petition for writ of certiorari reflected probable 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 and the petition for writ of certiorari is dismissed.

It is so ordered.

DREW, C. J., and THORNAL, O’CON-NELL and CALDWELL, JJ., concur.

THOMAS, ROBERTS and ERVIN, JJ., dissent.


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