FORREST T. GAY AND MARJORIE A. GAY, HIS WIFE, PETITIONERS,
v.
ERNEST MUJICA, D/B/A E. & H. CUSTOM BUILT CABINETS, W. H. AKINS, SR., D/B/A AKINS ELECTRIC CO., ROBBINS MANUFACTURING COMPANY, A FLORIDA CORPORATION, CARSON PLUMBING CO., INC., A FLORIDA CORPORATION, TED CAIN, D/B/A B & F LINOLEUM AND TILE COMPANY, AND GRADY R. TIPTON, D/B/A CITY PAINT CENTER, RESPONDENTS
FORREST T. GAY AND MARJORIE A. GAY, HIS WIFE, PETITIONERS,
ERNEST MUJICA, D/B/A E. & H. CUSTOM BUILT CABINETS, W. H. AKINS, SR., D/B/A AKINS ELECTRIC CO., ROBBINS MANUFACTURING COMPANY, A FLORIDA CORPORATION, CARSON PLUMBING CO., INC., A FLORIDA CORPORATION, TED CAIN, D/B/A B & F LINOLEUM AND TILE COMPANY, AND GRADY R. TIPTON, D/B/A CITY PAINT CENTER, RESPONDENTS
178 So. 2d 702
Florida Supreme Court (1965)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The Petition for Writ of Certiorari reflected probable jurisdiction in this Court. We issued the Writ and have heard argument of the parties. After argument and upon further consideration of the matter, we have determined that the Petition is without merit. Therefore, the Writ must be and is hereby discharged and the Petition for Writ of Certiorari is dismissed.
It is so ordered.
THORNAL, C. J., and THOMAS, O’CONNELL, CALDWELL and ERVIN, JJ., concur.
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Wesley Constr. Co. v. Yarnell, 268 So. 2d 454 (Fla. 4th DCA 1972)…might have been appropriate for the claimant to have filed his foreclosure proceedings in the case wherein he was cited.” (Emphasis supplied.) At p. 538, 35 So. 2d at p. 647. Gay v. Mujica, Fla.App.1964, 170 So. 2d 83, cert. discharged, Fla. 1965, 178 So. 2d 702, was a suit filed under Section 84.23(4), F.S.1963 (predecessor of 713.21(4) ), to show cause why six liens should not be settled pro rata or canceled. A court order limited the time to enforce the liens. All six of the lienors counterclaimed for en…
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Cnty. OF Dade v. Bass, 237 So. 2d 559 (Fla. 3d DCA 1970)…; 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 the circuit court. It is so ordered.…
Authorities Cited
- Forrest T. GAY et ux. v. Mujica, 170 So. 2d 83 (Fla. 2d DCA 1964)