HELEN H. BENNETT, PETITIONER,
v.
JOHN FRATUS, RESPONDENT
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The Florida Supreme Court returned jurisdiction to the District Court of Appeal for further consideration of its order denying a petition for certiorari. This action was taken in light of two recent decisions by the Supreme Court, one of which also involved the parties in this case.
The Florida Supreme Court returned jurisdiction to the District Court of Appeal for further consideration of its order. This was done to allow the District Court to re-evaluate its decision in light of controlling Supreme Court precedents.
“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.”
Establishes the basis for returning the case to the lower court.
The District Court of Appeal, Third District, denied Helen H. Bennett's petition for certiorari without issuing an opinion. Bennett sought review of t…
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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. 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., 167 So.2d 104, certiorari denied, Fla., 177 So.2d 334, 21st day of July, 1965. We have adopted this procedure pursuant 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 702 (Fla. 3d DCA 1965)…cision 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. 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 discretion not to re…
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Cnty. OF Dade v. Bass, 237 So. 2d 559 (Fla. 3d DCA 1970)…preme 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 decisions quashing the decisions relied on by t…
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)