ALAN D. FULTON, PETITIONER,
v.
R. K. COOPER, INDIVIDUALLY, AND R. K. COOPER, INC., A FLORIDA CORPORATION, RESPONDENTS; R. K. COOPER, INDIVIDUALLY, AND R. K. COOPER, INC., A FLORIDA CORPORATION, CROSS-PETITIONERS, V. ALAN D. FULTON, CROSS-RESPONDENT
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The Florida Supreme Court discharged writs of certiorari for both the petitioner and cross-petitioners, finding no jurisdictional conflict with prior decisions. The court determined it lacked jurisdiction to review the District Court of Appeal's decision.
No, a jurisdictional conflict does not exist. Therefore, the Florida Supreme Court lacks jurisdiction to review the decision of the District Court of Appeal.
“After oral argument and further 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.”
Establishes the court's finding that no jurisdictional conflict exists.
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Join FLexlaw to unlock all legal intelligencePetitioner Alan D. Fulton sought certiorari to review a decision by the District Court of Appeal, Third District. Respondents R. K. Cooper and R. K. C…
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Our initial consideration of the petition for certiorari and cross-petition for cer-tiorari suggested jurisdiction in this Court to review the decision of the District Court of Appeal, Third District, Cooper v. Fulton, Fla.App., 158 So.2d 759. After oral argument and further 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 issued on the petition, is, therefore, discharged.
Counsel for cross-petitioners stated in oral argument that he would waive the cross-petition upon discharge of the petition in Case No. 33,132. The writ issued on the cross-petition is, accordingly, discharged.
DREW, C. J., and THORNAL, CALDWELL, ERVIN and HOBSON (Ret.), JJ., concur.
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Alvin E. Tobin, M. A., P. A. v. Lefkowitz, 367 So. 2d 682 (Fla. 3d DCA 1979)…basis for such an award. E. g., Adler, v. Adler, 365 So. 2d 411 (Fla.3d DCA, 1978). An exception to the rule which ordinarily precludes the recovery of attorney’s fees exists when as in Cooper v. Fulton, 158 So. 2d 759 (Fla.3d DCA 1963) cert. disch. 165 So. 2d 161 (Fla.1964), one partner secures an accounting from another. However, that exception does not apply in this case be-, cause, while one count of the complaint sought a formal accounting, that count was in effect abandoned, and the case was tried' to a…
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Balzam v. Cohen, 427 So. 2d 329 (Fla. 3d DCA 1983)…n the absence of a statutory or contractual basis for such an award. See, e.g., Adler v. Adler, 365 So. 2d 411 (Fla. 3d DCA 1978). An exception to this general rule was recognized in Cooper v. Fulton, 158 So. 2d 759 (Fla. 3d DCA 1963), cert. disch., 165 So. 2d 161 (Fla.1964), for cases where one of several co-partners is forced to bring suit for dissolution and accounting. Although appellee relies upon the Cooper case in support of the award, it is clear that in this case appellee Cohen did not seek a dissolu…
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Nichols v. Ellis S. Tarsches, 429 So. 2d 409 (Fla. 3d DCA 1983)…an issue not contained in the first complaint, the prior appellate decision was not res judicata as to that issue). I would also grant Tarsches’s demand for attorney’s fees. See Cooper v. Fulton, 158 So. 2d 759 (Fla. 3d DCA 1963), cert. discharged, 165 So. 2d 161 (Fla.1964). . The findings were: (A) The parties Plaintiff and Defendant negotiated and entered into a Partnership Agreement freely and voluntarily. (B) Paragraph 7-7 of the Partnership Agreement between the parties, to which paragraph the Plaint…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cooper v. Fulton, 158 So. 2d 759 (Fla. 3d DCA 1963)