THE CITY OF OPA-LOCKA, FLORIDA, A MUNICIPAL CORPORATION, PETITIONER,
v.
SIGMUND T. JAWORSKI, RESPONDENT
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The Florida Supreme Court denied a writ of certiorari, finding no conflict between appellate decisions regarding the City of Opa-Locka's liability. The court affirmed the lower appellate court's decision by referencing its own prior approval of a similar case.
No, there is no conflict. The Florida Supreme Court had already approved the precedent relied upon by the Third District Court of Appeal in Simpson v. City of Miami.
“By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Third District because of an alleged conflict on the same point of law with a decision of another Court of Appeal.”
Establishes the procedural posture and the basis for the Supreme Court's review.
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By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Third District because of an alleged conflict on the same point of law with a decision of another Court of Appeal. Jaworski v. City of Opa Locka, Court of Appeal, Third District, 170 So.2d 484.
The District Court here affirmed a judgment in the trial court on the authority of its own decision in Simpson v. City of Miami, et al., Fla.App., 155 So.2d 829.
It is contended that because of its reliance upon Simpson the instant decision conflicts with the decision of the Court of Appeal, First District, in Middleton v. City of Fort Walton Beach, 113 So.2d 431, and similar cases.
We have approved the decision of the District Court in Simpson. See City of Miami v. Simpson, Fla., 172 So.2d 435, opinion filed 17th day of February, 1965. On .authority of this opinion, the writ is denied.
It is so ordered.
DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL and ERVIN, JJ., concur.
dissents, see dissent in City of Miami v. Simpson, Fla., 172 So.2d 435, this day filed.
CALDWELL, J.,
dissents, see dissent in City of Miami v. Simpson, Fla., 172 So. 2d 435, this day filed.
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Gen. Portland Land Dev. Co. & Greater Fla. Inv. v. Stevens, 395 So. 2d 1296 (Fla. 4th DCA 1981)…an be drawn, Florida courts have wisely left the determination to a factfinder, making summary judgment inappropriate. Goldie v. Dillen, 140 So. 2d 81 (Fla. 2d DCA 1962); Jaworski v. City of Opa Locka, 170 So. 2d 484 (Fla. 3d DCA 1964), cert. denied 172 So. 2d 441 (Fla.1965). Under the assumption that Weber was Hembree’s employee, Old Port Cove contends that Hembree was a privy to Weber in Old Port Cove’s separate suit for indemnity against Weber for his negligence and as such, Hembree is bound by the judgme…
Authorities Cited
- City OF Miami v. Roce Simpson, 172 So. 2d 435 (Fla. 1965)
- Middleton v. City OF Fort Walton Beach, 113 So. 2d 431 (Fla. 1st DCA 1959)
- Roce Simpson v. City OF Miami, 155 So. 2d 829 (Fla. 3d DCA 1963)
- Sigmund T. Jaworski v. The City OF OPA Locka, 170 So. 2d 484 (Fla. 3d DCA 1964)