FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PETITIONER,
v.
BERT SMITH, RESPONDENT

Fla. | 1964-04-08
No. 32766
DREW, C. J., and THORNAL, O’CONNELL and CALDWELL, JJ., concur., ROBERTS, J., dissents.
162 So. 2d 663 Florida Supreme Court (1964) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Our initial consideration of the petition for certiorari suggested jurisdiction in this Court to review the decision of the District Court of ‘Appeal, Third District, Smith v. Florida East Coast Railway Company, Fla. App., 151 So.2d 70. After oral argument and further careful consideration of the record and briefs, we have concluded that there is no jurisdictional conflict between the decision of the District Court of Appeal and any prior decision of this Court or another District Court of Appeal. The writ is, therefore, discharged.

It is so ordered.

DREW, C. J., and THORNAL, O’CONNELL and CALDWELL, JJ., concur.

ROBERTS, J., dissents.


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  • …ment, the parties are estopped from thereafter litigating issues that are common to two causes of action and actually adjudicated in the prior litigation. Smith v. Florida, East Coast Railway Company, 151 So. 2d 70 (Fla.3d DCA 1963), writ discharged 162 So. 2d 663 (Fla.1964); Simco Operating Corp. v. City National Bank of Miami Beach, 341 So. 2d 232 (Fla.3d DCA 1977), cert. denied 348 So. 2d 952 (Fla.1977). This is similar to the familiar principle of res judicata in that a matter once judicially decided is f…
  • Allen v. Louie L. Wainwright, 167 So. 2d 1 (Fla. 1964)
    …PER CURIAM. Petition for writ of habeas corpus in this cause is denied. See Little v. Wainwright, Fla., 161 So. 2d 213 (Revised Opinion and Judgment filed March 4, 1964), and Montford v. Wainwright, Fla., 162 So. 2d 663 (Opinion filed April 8, 1964). DREW, C. J., and THOMAS, THORN-AL, O’CONNELL and ERVIN, JJ., concur.…
  • Austin v. State, 167 So. 2d 121 (Fla. 1st DCA 1964)
    …PER CURIAM. Affirmed on the authority of Montford v. Wainwright, 162 So. 2d 663 (Fla.1964).…

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