FLORIDA EAST COAST RAILROAD COMPANY, A FLORIDA CORPORATION, PETITIONER,
v.
CHARLES JONES, RESPONDENT

Fla. | 1965-07-21
No. 33694
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
183 So. 2d 683 Florida Supreme Court (1965)

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Synopsis

The Florida Supreme Court denied a petition for a writ of certiorari, finding no jurisdictional conflict between the appellate court's decision to dismiss an appeal due to the non-appealability of a voluntary non-suit order and prior conflicting decisions.


Holding

No, an order permitting a voluntary non-suit is not an appealable order. The appellate court's dismissal of the appeal was proper, and no jurisdictional conflict exists with prior decisions.


Key Quotes

“By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Second District, because of an alleged conflict with Dobson v. Crews, 164 So. 2d 252, a decision of the Court of Appeal, First District.”

Establishes the procedural posture and the basis for the Supreme Court's review.

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Facts & Procedural History

The petitioner sought a writ of certiorari to review a decision by the Court of Appeal, Second District, which dismissed their appeal. The dismissal w…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Second District, because of an alleged conflict with Dobson v. Crews, 164 So.2d 252, a decision of the Court of *684Appeal, First District. See, Florida East Coast Railroad Co. v. Jones, Fla.App., 166 So.2d 842.

The District Court here dismissed the Appeal because of the non-appealability of an order permitting a voluntary non-suit. We have distinguished Dobson by our opinion in a similar case. See, Bennett v. Fratus, Fla., 177 So.2d 334 opinion filed the 21st day of July, 1965. We have generally disposed of the non-suit problem by our decision in Crews v. Dobson, Fla., 177 So.2d 202 opinion filed July 7, 1965.

We find no jurisdictional conflict between the instant decision and the decisions in the cited cases.

The writ is, therefore denied.

THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.


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