BURTON R. SIGNER AND DAVID MARKS, PETITIONERS,
v.
SAMUEL ODELL AND DAVID ODELL, RESPONDENTS

Fla. | 1965-06-09
No. 34008
THORNAL, CALDWELL, ERVIN and BARNS (Retired), JJ., concur., DREW, C. J., dissents with opinion.
176 So. 2d 94 Florida Supreme Court (1965) Positive Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Initial inspection suggested that the decision under review, Odell et al. v. Signer et al., 169 So.2d 851, was prima facie in •conflict with prior decisions of this Court and another District Court. We granted •certiorari to hear arguments on both juris- • diction and merits

After oral arguments and a careful further study of the record and briefs we have •decided that no jurisdictional conflict of •decisions is present. We therefore conclude 'that the writ was improvidently issued and :it must be discharged.

It is so ordered.

THORNAL, CALDWELL, ERVIN and BARNS (Retired), JJ., concur.

DREW, C. J., dissents with opinion.

DREW, Chief Justice

(dissenting).

I think we have jurisdiction and that the decision of the District Court is erroneous.

Dissent
DREW, Chief Justice

DREW, Chief Justice

(dissenting).

I think we have jurisdiction and that the decision of the District Court is erroneous.


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  • …ent of PIP benefits: (1) the necessity of a writing and (2) the necessity of consideration. Except where a writing is required by statute, an assignment may be oral and proven. by parol evidence. Blvd. Nat’l Bank of Miami v. Air Metal Indus., Inc., 176 So. 2d 94, 97-98. (Fla.1965). The affidavits of Mr. Joseph and the office manager are parol evidence that Mr. Joseph had assigned his right to PIP benefits to the Provider at the time he received treatment.' The No-Fault Law, however, appears to require some…
  • Reuel Lawson v. State, 231 So. 2d 205 (Fla. 1970)
    …est, our scope of review is extended to the entire decision of the District Court, and not just the question certified. Pan American Bank of Miami v. Alliegro, 149 So. 2d 45 (Fla.1963); Boulevard National Bank of Miami v. Air Metal Industries, Inc., 176 So. 2d 94 (Fla.1965). The defendant was informed against on August 15, 1953, for armed robbery, principal in the second degree. The Minutes of the Criminal Court of Record reflect the arraignment on September 1, 1953, in the following language: “The Defenda…
  • State Farm Fire & Cas. Co. v. RAY, 556 So. 2d 811 (Fla. 5th DCA 1990)
    …e benefits as an assignment, agreeing with Ray that the English Rule establishing the priority of assignments accorded to successive assignees governs. The English Rule, as set forth in Boulevard National Bank of Miami v. Air Metal Industries, Inc., 176 So. 2d 94 (Fla.1965), gives priority to the assignee first giving notice to the creditor. While we do not disagree with the English Rule, we disagree with its applicability here. An assignment is defined as “a transfer or setting over of property or of some…

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