FLORIDA EAST COAST RAILWAY COMPANY, A CORPORATION, PETITIONER,
v.
RODMAN G. LEWIS, RESPONDENT
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The Florida Supreme Court denied a petition for a writ of certiorari, finding no jurisdictional conflict between decisions of different District Courts. The case involved a railway company attempting to use res judicata to dismiss a second lawsuit after a voluntary non-suit in the first, but the lower courts estopped the company from doing so.
No, the Florida Supreme Court found no jurisdictional conflict of decisions between District Courts, and therefore denied the petition for a writ of certiorari.
“By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, First District, because of alleged conflicts with decisions of other District Courts.”
Establishes the procedural posture and the basis for seeking review.
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Join FLexlaw to unlock all legal intelligenceThe Florida East Coast Railway Company (petitioner) sought review of a jury verdict in favor of Rodman G. Lewis (respondent). The respondent had volun…
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By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, First District, because of alleged conflicts with decisions of other District Courts. Florida East Coast Railway Company v. Lewis, 167 So.2d 104.
The petitioner seeks review of a final judgment pursuant to a jury verdict in favor of respondent at a second trial held after the re-institution of the case following an order allowing a voluntary non-suit. There was no final order of dismissal of the first suit with prejudice. Petitioner made no effort to obtain one. The trial Court, with District Court affirmance, held that petitioner was estopped to plead res adjudicata in the second suit.
Our examination of the decision submitted for review reveals no jurisdictional conflict of decisions, so the writ must be denied.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bennett v. Fratus, 177 So. 2d 335 (Fla. 1965)…ut opinion denied Bennett’s petition for certiorari. Bennett v. Fratus, Fla.App., 168 So. 2d 792, Case No. 4. In view of our decision in Crews v. Dobson, Fla., 177 So. 2d 202, opinion filed July 7, 1965, and our decision in Bennett v. Fratus, Fla., 177 So. 2d 334, opinion filed 21st of July, 1965, jurisdiction of this cause is returned to the District Court for further consideration of its order herein in the light of the foregoing decisions. See also Florida East Coast Railway Company v. Lewis, Fla.App., 16…1 / 2
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Bennett v. Fratus, 177 So. 2d 336 (Fla. 1965)…ut opinion denied Bennett’s petition for certiorari. Bennett v. Fratus, Fla.App., 168 So. 2d 792, Case No. 2. In view of our decision in Crews v. Dobson, Fla., 177 So. 2d 202, opinion filed July 7, 1965, and our decision in Bennett v. Fratus, Fla., 177 So. 2d 334, opinion filed 21st of July, 1965, jurisdiction of this cause is returned to the District Court for further consideration of its order herein in the light of the foregoing decisions. See also Florida East Coast Railway Company v. Lewis, Fla.App., 16…1 / 2
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Bennett v. Fratus, 177 So. 2d 702 (Fla. 3d DCA 1965)…rit of certiorari directed to this Court. While this latter petition was pending in the Supreme Court of Florida, that court rendered its decision in Crews v. Dobson, 177 So. 2d 202, opinion filed July 7, 1965, and its decision in Bennett v. Fratus, 177 So. 2d 334, opinion filed July 21, 1965. The Supreme Court of Florida has now returned jurisdiction of this cause to us for further consideration in the light of the foregoing decisions. See Bennett v. Fratus, Fla., 177 So. 2d 336, opinion filed July 21, 1965…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burch v. Gilbert, 167 So. 2d 104 (Fla. 1st DCA 1964)
- Fla. E. Coast Ry. Co. v. Rodman G. Lewis, 167 So. 2d 104 (Fla. 1st DCA 1964)