FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PETITIONER,
v.
ELSIE SMITH, RESPONDENT
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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 based on a non-appealable order and prior conflicting decisions. The court referenced its recent rulings on similar non-suit issues.
The Florida Supreme Court held that there was no jurisdictional conflict between the appellate court's decision and the cited cases. The court found that the order permitting a voluntary non-suit was not appealable, and thus the dismissal of the appeal was proper.
“The District Court here dismissed the Appeal because of the non-appealability of an order permitting a voluntary non-suit.”
This quote explains the basis for the lower appellate court's decision that is being reviewed.
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Join FLexlaw to unlock all legal intelligenceThe Court of Appeal, Second District, dismissed an appeal filed by the Florida East Coast Railway Company. The dismissal was based on the non-appealab…
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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. See, Florida East Coast Railway Co. v. Smith, Fla.App., 166 So.2d 233.
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 *69121st 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Crews v. Dobson, 177 So. 2d 202 (Fla. 1965)
- Dobson v. Crews, 164 So. 2d 252 (Fla. 1st DCA 1964)
- Fla. E. Coast Ry. Co. v. Smith, 166 So. 2d 233 (Fla. 2d 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)