HELEN H. BENNETT, PETITIONER,
v.
JOHN FRATUS, RESPONDENT
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The Florida Supreme Court returned jurisdiction to the District Court of Appeal to reconsider its prior order in light of two recent decisions. The Court of Appeal had previously denied Bennett's petition for certiorari without opinion.
Jurisdiction is returned to the District Court of Appeal for further consideration of its order denying Bennett's petition for certiorari, in light of recent Supreme Court decisions.
“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.”
This quote explains the Supreme Court's decision to send the case back to the lower court and the reason for doing so.
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Join FLexlaw to unlock all legal intelligenceHelen H. Bennett petitioned the Court of Appeal for a writ of certiorari, which was denied without an opinion. The Florida Supreme Court reviewed this…
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The Court of Appeal, Third District, without 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., 167 So.2d 104, certiorari denied, Fla., 177 So.2d 334, 21st day of July, 1965. We have adopted this procedure *336pursuant to our decision m Dean v. Deas, Fla., 116 So.2d 23.
It is so ordered.
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
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Bennett v. Fratus, 177 So. 2d 703 (Fla. 3d DCA 1965)…Fratus, 177 So. 2d 334, opinion filed July 21, 1965, not yet reported. 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, [*704] 177 So. 2d 335, opinion filed July 21, 1965, not yet reported. See also Florida East Coast Railway Company v. Lewis, Fla.App., 167 So. 2d 104. We hereby vacate our prior order denying the petition for certiorari, and dismiss the petition in the exercise of our di…
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Cnty. OF Dade v. Bass, 237 So. 2d 559 (Fla. 3d DCA 1970)…the circuit court have been quashed by the Supreme Court. See Smith v. Davis, Fla.1970, 231 So. 2d 517; Robertson v. State ex rel. Harty, Fla.1970, 233 So. 2d 633. On authority of Dean v. Deas, Fla. 1959, 116 So. 2d 23; Bennett v. Fratus, Fla.1965, 177 So. 2d 335; Bennett v. Fratus, Fla.1965, 177 So. 2d 336; Frewer v. City of Miami Beach, Fla.1965, 178 So. 2d 702, we return jurisdiction of this cause to the circuit court so it may consider further its judgment of reversal in the light of the Supreme Court de…
Authorities Cited
- Crews v. Dobson, 177 So. 2d 202 (Fla. 1965)
- Lelia S. Dean v. Deas, 116 So. 2d 23 (Fla. 1959)
- 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)
- Fla. E. Coast Ry. Co. v. Rodman G. Lewis, 177 So. 2d 334 (Fla. 1965)
- Bennett v. Fratus, 177 So. 2d 334 (Fla. 1965)
- Chauffeur's Club, Inc. v. State Bev. Dep't of Fla., 168 So. 2d 792 (Fla. 3d DCA 1964)
- Azar v. Raymond F. MAY Co., 168 So. 2d 792 (Fla. 2d DCA 1964)